General Terms and Conditions (T&C) for Assistini

§1 Scope of Application
These General Terms and Conditions (hereinafter referred to as “T&C”) govern all contracts between customers (referred to as “Customers” or “Users”) and Adenion GmbH, located at Merkatorstr. 2, 41515 Grevenbroich (referred to as “Adenion” or “Provider”), for the use of Assistini, an AI-based text generator (referred to as “Assistini”, “Service” or “Application”). The T&C apply to the use of the service, access to the application, and all associated agreements or legal relationships with the provider in a legally binding manner. They apply to contracts concluded via the Assistini website, as well as to written offers and other bilateral contracts related to the products and services of Adenion GmbH.
§2 Terms of Use
This application and service may only be used as intended and in accordance with these T&C and the applicable legal regulations.
(1) The service is accessible only to registered users. To use the service, users must register or create a user account by providing all necessary data or information completely and truthfully.
(2) Users are responsible for maintaining the confidentiality and security of their access data. Therefore, users must choose a password that meets the highest security requirements possible through this application. By registering, users agree to be responsible for all actions taken in connection with their username and password.
(3) Users must promptly and unambiguously inform the provider via the contact details provided in this document if they suspect that their personal information, including user accounts, access data, or personal data, has been compromised, unlawfully disclosed, or stolen.
(4) Users are solely responsible for ensuring that their access to this application and/or their use of the service complies with all legal regulations, ordinances, or rights of third parties.
(5) An account and user are intended for a single actual user only. Multiple users on one login account are prohibited.
(6) Sharing login credentials for an account with others for financial gain or any other benefit is prohibited.
(7) Creating multiple accounts under the same or false names to obtain the free quota or engaging in other illegal activities is prohibited.
§2 Conclusion of Contract
(1) The offers on the website for the use of Assistini do not constitute a legally binding contract. A contract is only formed with an order confirmation of the order.
(2) The T&C become part of the contract once users have become aware of their content and agree to the T&C at the time of contract conclusion. An order can only be placed if customers have previously accepted the T&C.
(3) Conclusion of the contract occurs through the online ordering option of Assistini in the following steps:
(a) Users can select the offered products and services of Assistini and add them to the electronic shopping cart. Before submitting the order, customers can view and correct the contents of the shopping cart. Any input errors can be corrected before completing the ordering process.
(b) By clicking the “Buy” button, customers place a legally binding order for the products and services of Assistini contained in the shopping cart.
(c) The contract between customers and Adenion is formed when Adenion accepts the order and confirms this by separate email (order confirmation).
(4) Customers are responsible for ensuring that the email address provided by them is correct and that they can receive emails from Adenion or authorized third parties at this address.
§3 Term of Contract and Termination
Trial Period:
Users have the opportunity to test this application or selected products for a limited and non-extendable trial period free of charge. This application determines the trial period and the conditions under which the trial takes place at its sole discretion. Services granted during the trial period may be changed, updated, discontinued, or removed at any time and without notice by the provider. The provider reserves the right to deny users access to the application and the service, including the possibility to revoke or cancel benefits already granted, and to delete the corresponding data, to users who abuse the trial phase or violate these terms and conditions. The provider does not provide any warranty or guarantee regarding the availability or functionality of services granted during the trial period.
Paid Services:
The term of a paid subscription begins on the date of purchase of the subscription and ends on the end date specified in the subscription. Users are entitled to cancel the subscription according to the conditions stated in the respective section of this documentation. If the subscription is not canceled in a timely manner, it will automatically be extended by the same period as the original term. The extension takes place at the current price set by the provider for the respective subscription at that time. The provider may change the subscription prices or conditions at the time of automatic subscription renewal. The provider informs users of such changes at least thirty (30) days before the date of automatic renewal.
Termination:
Users can cancel paid subscriptions at any time at the end of the current billing period. Terminations require written form, for example, by fax, email, or in writing. After termination of the subscription, users no longer have access to the paid services and features associated with the subscription. Termination of the subscription does not automatically result in a refund of already paid amounts. Already paid amounts for unused periods will not be refunded.
Extraordinary Termination:
The right to terminate for good cause remains unaffected. Good cause exists if, taking into account all circumstances and interests of both parties, the continuation of the contractual relationship until the agreed termination or expiry of a notice period is not reasonable. Good reasons may include:
Violation of these terms and conditions;
Instructions or orders from judicial or administrative authorities;
Unforeseen technical or security-related problems or difficulties;
Unexpected need to discontinue the service;
Abusive use of the free trial period or text quota;
Non-payment by the user. In the event of termination for good cause by the provider, users have no claim to a refund of amounts already paid unless the provider expressly and at its own discretion decides otherwise. Users also no longer have access to the service and to all information and data associated with the user account.
§4 Prices and Payment Terms
The provider offers the following payment methods:
(1) The payment of the due usage fees is made through the payment provider Payproglobal. By registering an account and making the payment, the customer acknowledges the terms of use of the payment provider. These can be found at http://docs.payproglobal.com/documents/legal/termsAndConditions.pdf.
(2) Payment in advance: Payment is made in advance by bank transfer. The payment claim becomes due as soon as the contract is concluded unless a different agreement has been made.
(3) Customers can change the payment method stored in their user account at any time.
(4) The provider reserves the right to change the prices for paid products at any time. Price changes will be communicated to users in a timely manner and will take effect at the time of automatic subscription renewal. Such notification will be made at least thirty (30) days before the date of automatic subscription renewal. If users agree to the new prices, the subscription will be renewed according to the amended prices. If users do not agree, they can cancel the subscription according to the conditions stated in the respective section of this documentation.
§5 Right of Withdrawal for Digital Services
The right of withdrawal is only available to European consumers.
(1) According to EU law, European consumers within the meaning of § 13 BGB have a statutory right of withdrawal for contracts concluded online (distance contracts), which allows them to withdraw from these contracts within a period of 14 days after the conclusion of the contract. For users who do not act as European consumers, the rights set out in this section do not apply.
(2) However, for digital services such as Assistini, the right of withdrawal expires as soon as the user makes use of or activates the digital service. By using the service, users expressly agree that the right of withdrawal expires after the provision of the digital service has begun.
(3) To exercise their right of withdrawal, users must submit an unambiguous statement to the provider stating their decision to withdraw. For this purpose, users can use a model withdrawal form or express their decision to withdraw freely by an unambiguous statement in any other appropriate way. To comply with the deadline for exercising this right, users must submit the withdrawal declaration before the withdrawal period expires.
§6 Irregular and Harmful Use:
Users undertake to refrain from the following harmful and irregular forms of use of the service (this list is not exhaustive):
Using the service in a manner that could disable, overburden, damage, or impair the service or interfere with the use of the service by other parties, including their ability to participate in real-time activities via the service.
Using robots, spiders, or other automatic devices, processes, or means to access the service, including monitoring or copying data in this service.
Using manual methods to monitor or copy content of the application or for other unauthorized purposes without the prior written consent of the provider.
Using devices, software, or routines that could impair the proper functioning of the service.
Introducing viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
Attempting to gain unauthorized access to parts of the service, the server on which the service is stored, or any server, computer, or database connected to the service, disrupting, damaging, or interfering with them.
Using the service in a manner that violates applicable national or international laws or regulations.
For the purpose of exploitation, harm, or attempting to exploit or harm minors by exposing them to inappropriate content or otherwise.
Transmitting or causing the transmission of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
Pretending to be the company, an employee of the company, another user, or any other natural or legal person or attempting to do so.
In any way infringing upon the rights of others or being unlawful, threatening, fraudulent, or harmful in any way or being associated with an unlawful, illegal, fraudulent, or harmful purpose or activity.
(7) Prohibited Content:
The AI partner companies do not allow the creation of sexual, religious, and political content, and therefore, it is strictly prohibited for customers to create such content. If customers even accidentally attempt to create such content, the system will display the error message “Unsafe Content” for the first time, which is to be understood as the final warning. If customers attempt to create such content again, their subscription will be terminated, and they will be excluded from further use of the service, and no refund will be issued. There are some additional terms, limits, and restrictions that OpenAI, Alphabet, and other partner companies that provide the database for Assistini prescribe to all third-party tools, and users are required to comply with these policies (Openai Terms & Conditions (https://openai.com/policies/terms-of-use).
§7 Termination and Blocking of User Accounts in Case of Abuse
(1) The provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this application or the service, terminating contracts, notifying competent authorities – such as judicial or administrative authorities – of actions taken through this application or the service that are subject to complaint if users have demonstrably or presumably: violate legal regulations, ordinances, or these T&C; or infringe the rights of third parties; or substantially impair the legitimate interests of the provider; or insult the provider or a third party.
(2) The provider therefore reserves the right to block or delete user accounts at its sole discretion at any time and without prior notice if they engage in inappropriate or irregular behavior or, in the opinion of the provider, violate these terms and conditions.
(3) The blocking or deletion of accounts due to reasons attributable to the user does not entitle the user to any claims for damages, indemnification, or reimbursement. Users undertake to indemnify the provider from any claims/disputes raised by them or their bank or other third parties in this regard.
(4) The blocking or deletion of accounts due to reasons attributable to the user does not exempt the user from the obligation to pay agreed fees or prices.
§8 Liability
(1) Adenion is liable without limitation for damages caused by intent or gross negligence of Adenion, its legal representatives, or vicarious agents.
(2) For damages caused by slight negligence, Adenion is only liable if a duty is violated, the compliance with which is of particular importance for achieving the purpose of the contract (cardinal duty). In this case, Adenion’s liability is limited to the typical, foreseeable damage.
(3) The above limitations of liability do not apply in the event of injury to life, limb, or health, for a defect after assuming a guarantee for the quality of the product, and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
(4) Adenion is not liable for the accuracy, completeness, or timeliness of the texts generated by Assistini. The use of the texts is at the users’ own risk.
(5) Adenion’s liability for data loss is limited to the typical cost of recovery that would have occurred with regular and appropriate backup creation.
§10 Service Interruption
To ensure the best possible service, the provider reserves the right to temporarily interrupt the service for maintenance, system updates, or other necessary changes. Users will be adequately informed about such interruptions. Additionally, there may be service interruptions beyond the control of the provider (so-called “force majeure” reasons). Such reasons could include infrastructure failures or power outages. In such cases, the provider will make reasonable efforts to minimize downtime and restore the service as quickly as possible.
§10 Data Protection
(1) Customers are obliged to observe the separate data protection provisions of Assistini, which are available on the website. These regulate the rights and obligations of customers regarding the processing of personal data.
(2) Adenion collects and processes personal data of customers only within the framework of the legal regulations and only for the purposes stated in the privacy policy.
§11 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention.
(2) The place of jurisdiction for all disputes arising from this contract is, as far as legally permissible, the registered office of Adenion.
(3) Should a provision of these T&C be or become invalid, the validity of the remaining provisions shall not be affected thereby. Instead of the invalid provision, such a valid provision shall enter into force that comes closest to the economic purpose of the invalid provision.
(4) Adenion reserves the right to change these T&C with effect for the future at any time. The amended T&C will be communicated to customers by email in a timely manner before the changes take effect. If a customer does not object to the amended T&C within six weeks of receiving the notification, the amended T&C

Stand: 21.02.2024
Adenion GmbH
Merkatorstr. 2
41515 Grevenbroich
Deutschland
Tel: +49 2181 7569 277
E-Mail: kundenservice@assistini.com