This English version is provided for convenience. Only the German version is legally binding.
§ 1 Scope
These terms apply to all contracts for the use of the A2Genesis Platform between A2Genesis GmbH, An der Papenburg 61, 44866 Bochum, Germany (“we”) and consumers as well as businesses (“customer”). Deviating terms of the customer do not apply unless we expressly agree to them.
§ 2 Services
The A2Genesis Platform provides access to AI language models via an application programming interface (API), partly on our own hardware in Germany and partly via third-party providers. The available models are listed in the current model overview. We may add, replace or remove models where this is reasonable for the customer.
We strive for high availability but do not owe uninterrupted accessibility. Maintenance and disruptions beyond our control are possible.
§ 3 Conclusion of contract and account
The contract is concluded when the customer creates an account and purchases credit or takes out a subscription. The customer keeps their access credentials and API keys secret and is liable for their use by third parties insofar as the customer is responsible for it.
§ 4 Prices and payment
The prices stated at the time the contract is concluded apply. For consumers they are final prices including VAT; for businesses they are subject to statutory VAT. Payment is made in advance via Stripe.
Credit: Requests are charged against previously purchased credit according to usage. Unused credit is not paid out, but does not expire before the end of the statutory limitation period.
Subscriptions (Starter, Pro): Subscriptions run for one month and renew for a further month unless cancelled before they expire. They can be cancelled at any time with effect from the end of the current month in the account or by email. Usage limits result from the plan description.
§ 5 Customer obligations
The customer does not use the A2Genesis Platform for unlawful purposes, does not infringe the rights of third parties and does not attempt to overload the services, circumvent usage limits or resell access. In the event of violations we may block access.
§ 6 AI output
Responses from AI models are generated automatically and may be incorrect, incomplete or inappropriate. The customer checks them before use. We give no warranty for their accuracy or fitness for a particular purpose.
§ 7 Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In cases of slight negligence we are only liable for breaches of material contractual obligations and limited to the typical, foreseeable damage. Otherwise liability is excluded.
§ 8 Right of withdrawal
Consumers have a right of withdrawal in accordance with the withdrawal policy (Annex 1).
§ 9 Data protection
Our privacy policy applies. For businesses that process personal data via the A2Genesis Platform, the data processing agreement (Annex 2) applies in addition.
§ 10 Changes
We will notify changes to these terms by email at least six weeks before they take effect. If the customer does not object within this period, they are deemed accepted; we will point out this consequence in the notification. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.
§ 11 Final provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods; for consumers only insofar as this does not deprive them of mandatory protective provisions of their country of residence. The place of jurisdiction for merchants is Bochum.
Annex 1: Withdrawal policy
The following right of withdrawal applies to consumers only.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (A2Genesis GmbH, An der Papenburg 61, 44866 Bochum, Germany, email: info@a2genesis.de) of your decision to withdraw from this contract by means of a clear statement (e.g. by email). You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notice of withdrawal before the withdrawal period expires.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of your right of withdrawal, compared to the full scope of services provided for in the contract. For credit, this corresponds to the credit already used.
Early expiry
For a contract for services, the right of withdrawal expires when we have fully performed the service and only began performance after you gave your express consent and at the same time acknowledged that you will lose your right of withdrawal once we have fully performed the contract.
Model withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back.)
To A2Genesis GmbH, An der Papenburg 61, 44866 Bochum, Germany, email: info@a2genesis.de
I/We () hereby withdraw from the contract concluded by me/us () for the provision of the following service ()
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
() Delete as appropriate.
Annex 2: Data processing agreement
Data processing agreement pursuant to Art. 28 GDPR between the customer (business, “controller”) and A2Genesis GmbH, An der Papenburg 61, 44866 Bochum, Germany (“processor”). It becomes part of the contract upon acceptance of the terms as soon as the customer processes personal data via the A2Genesis Platform.
1. Subject matter, duration, nature and purpose
The processor processes the content that the customer transmits via the API (prompts, files, responses) exclusively in order to forward it to the selected model and return the response. Processing lasts as long as the main contract.
2. Types of data and data subjects
The type and scope of the data are determined solely by the customer through their input. Data subjects may in particular be employees, customers and business partners of the customer.
3. Instructions
The processor processes the data only on documented instructions from the customer, which result from the contract and the use of the API, and not for its own purposes, in particular not for training models. If it considers an instruction to be unlawful, it informs the customer without undue delay.
4. Confidentiality and security
Persons involved in the processing are bound to confidentiality. The processor takes appropriate technical and organisational measures pursuant to Art. 32 GDPR, in particular: encryption of all connections (TLS), operation of servers in data centres in Germany, server access only via key authentication over secured connections, firewalls with default deny, separation of data per customer, daily backups and regular security updates.
5. Sub-processors
The customer consents to the use of the following sub-processors:
- netcup GmbH, Karlsruhe (hosting, Germany)
- IONOS SE, Montabaur (email delivery, Germany)
Models labelled “Germany” run on the processor's own hardware. If the customer uses models from third-party providers, the content is transmitted to the provider named in the model overview. The processor informs the customer in advance by email about new or changed sub-processors; the customer may object for an important reason relating to data protection.
6. Assistance and notification obligations
The processor assists the customer with requests from data subjects and with its obligations under Art. 32–36 GDPR. It reports personal data breaches without undue delay, at the latest within 48 hours of becoming aware of them.
7. Deletion and evidence
After the end of the contract, the processor deletes all customer data unless there is a statutory retention obligation. It provides the customer with the information necessary to demonstrate compliance and allows audits after reasonable prior notice.
8. Final provisions
In the event of contradictions, this agreement takes precedence over the terms insofar as the protection of personal data is concerned. German law applies.