Terms of Service

As of: 21 September 2026 · Version 1.0 · Download as PDF

Translation of the German original dated 21 September 2026. The German version is legally binding.

These Terms of Service govern the use of the software-as-a-service platform RocketFeed by entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

Contracting parties of the Provider are hereinafter referred to as the "Customer".

User accounts of natural persons accessing the platform on behalf of the Customer are hereinafter referred to as "User Accounts".

Where these Terms of Service use only the masculine grammatical form for reasons of linguistic simplification and better readability, this expressly includes all genders. The use of the masculine form is purely editorial and is to be understood as gender-neutral. No restriction of the personal scope of application and no discrimination on grounds of gender is intended or implied.

§ 1 Scope of application and contractual basis

(1) These Terms of Service apply exclusively to contracts with entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. They are not used vis-à-vis consumers.

(2) The Customer confirms that it concludes the contract in the exercise of its commercial or independent professional activity or as a legal entity under public law or a special fund under public law.

(3) The Provider is entitled to request suitable evidence of entrepreneur status or authority of representation.

(4) Individual agreements take precedence over these ToS.

(5) For the processing of personal data on behalf of the Customer, the Data Processing Agreement concluded between the parties takes precedence. The Provider's Privacy Policy provides information on the Provider's own independent data processing activities.

(6) General terms and conditions of the Customer become part of the contract only if the Provider expressly agrees to their application.

§ 2 Definitions

The following definitions apply to these ToS:

(1) "Platform" means the SaaS application RocketFeed provided at https://app.rocketfeed.ai/ including the contractually enabled functions.

(2) "Service" means the contractual provision and use of the Platform.

(3) "Customer Data" means data and content that the Customer or a User Account authorised by it enters into the Platform, transmits via an interface or provides for processing. Not covered are anonymised usage statistics, technical log data and data that the Provider generates independently of the Customer Data for the secure and proper operation of the Platform, insofar as such data has no personal reference to Customer Data and is not to be classified as personal data of the Customer under applicable data protection law.

(4) "Feed" means a set of structured product data provided by the Customer or imported via an interface set up by the Customer.

(5) "AI Function" means a function in which product data is analysed, rephrased, supplemented or optimised with the aid of an external or internal AI model.

(6) "AI Suggestion" means a result generated by an AI Function that is displayed to the Customer for review and possible adoption.

(7) "Third-Party Platform" means a service operated outside the Platform to which RocketFeed can be connected via an interface, in particular Google Ads or Google Merchant Center.

(8) "Plan" means the scope of services and billing selected by the Customer.

§ 3 Subject matter of the services

(1) The Provider makes the functions of the Platform described in the respectively agreed Plan available to the Customer as a web-based SaaS application.

(2) The scope of services owed is determined by the plan and service description validly incorporated at the time the contract is concluded and by any individual agreements. Public product descriptions, presentations, roadmaps and demonstrations become part of the contract only if this is expressly agreed. Functions designated as beta, test, preview or planned functions are not part of the principal performance owed, unless expressly agreed otherwise. Mandatory statutory requirements regarding conformity with the contract remain unaffected.

(3) The Provider does not owe any particular economic success, any particular visibility, placement, reach or performance on Third-Party Platforms, or any particular revenue, click or conversion figures. The Customer's statutory rights in the event of defective performance or culpable breach of duty remain unaffected.

(4) The Platform is not an archiving or backup system of the Customer. The Customer remains responsible for the legally required retention of its data and for backups appropriate to its risks. Statutory obligations of the Provider remain unaffected.

§ 4 Conclusion of the contract

(1) By completing the order process, the Customer makes a binding offer to conclude the user agreement. The contract is concluded upon receipt of the Provider's declaration of acceptance. Activation of the customer account or commencement of the contractual performance is deemed acceptance, unless the Provider has expressly informed the Customer otherwise beforehand.

(2) The Customer must provide complete and correct information upon registration and keep it up to date during the term of the contract.

(3) A natural person acting on behalf of a company or a public-law entity warrants that they are authorised to register and to conclude the contract or at least to make the declarations required for this purpose.

(4) In the event of justified doubts, the Provider is entitled to request suitable evidence of entrepreneur status or authority of representation.

§ 5 Customer account

(1) The Customer may use the Platform through the number of User Accounts provided for in its Plan or an individual agreement.

(2) The holder of the company account may add further authorised persons by e-mail invitation with a one-time valid token. Permissions are governed by the roles set up within the Platform.

(3) User Accounts are personal. Shared use of a User Account by several persons is not permitted. The Customer ensures that only persons authorised by it are granted access to the Platform and that access credentials are kept secret.

(4) The Customer is obliged:

4.1 to use secure and confidential access credentials;

4.2 not to reuse passwords;

4.3 not to disclose access credentials to unauthorised third parties;

4.4 to promptly revoke access for persons who have left or are no longer authorised;

4.5 to review roles and permissions regularly;

4.6 to report identified or suspected compromises to the Provider without undue delay.

(5) Login is available either with e-mail address and password or via Google Login.

(6) The Customer decides on its own responsibility whether the current level of authentication meets its protection requirements. If the Customer has special statutory, regulatory, professional or contractual security requirements, it must coordinate these with the Provider before concluding the contract.

(7) The Customer is responsible for the actions of its authorised User Accounts within the scope of the statutory provisions. Attribution of unauthorised use requires that the Customer is responsible for the unauthorised use, in particular through a breach of reasonable safeguarding obligations.

§ 6 Technical requirements

(1) The Customer provides, at its own expense, the technical environment required for access. This includes in particular:

1.1 an internet-enabled device;

1.2 a supported, up-to-date browser;

1.3 a functioning internet connection;

1.4 the required accounts and permissions on Third-Party Platforms;

1.5 suitable source and product data.

(2) The Customer provides the information, data, access, approvals and acts of cooperation required for the performance of the contract completely, correctly, in good time and in a suitable form.

(3) The Customer is responsible for the Customer Data it provides, in particular its lawfulness, accuracy, currency and sufficient technical quality, insofar as these properties are not impaired by the Provider or by circumstances for which the Provider is responsible.

(4) The Customer must take account of changes to the configurations of its shop systems, product information systems, Google accounts or other connected systems and, where necessary, re-authorise the interfaces.

(5) The Provider is not responsible for delays or service restrictions resulting from missing, late or faulty cooperation on the part of the Customer.

(6) To assist with error analysis, the Customer must report identifiable malfunctions to the Provider without undue delay at info@rocketfeed.ai, describing as precisely as possible the error pattern, the time, the affected function and reproducibility.

(7) The Customer must carry out appropriate backups of its own.

§ 7 Permitted use

(1) The Customer may use the Platform exclusively for its own business or public-law purposes and within the agreed scope.

(2) In particular, when using the Platform, the Customer is obliged to appropriately review AI Suggestions and automated results before their legally relevant or public use.

(3) The Customer warrants that the User Accounts authorised by it comply with these ToS. Breaches of duty by User Accounts are attributed to the Customer to the extent provided by law.

(4) In the case of public-law customers, mandatory statutory requirements, procurement documents and validly incorporated special contractual conditions remain unaffected.

§ 8 Customer Data and third-party rights

(1) The rights to the Customer Data remain with the Customer or the respective rights holder.

(2) The Customer grants the Provider the rights of use required for the performance of the contract. Such rights are granted on a non-exclusive basis, without territorial restriction and for the duration of the contractual relationship, insofar as this is necessary for hosting, storage, technical processing, transmission, display, backup, error analysis and provision of the agreed service.

(3) The Provider does not use Customer Data to train general AI models of its own or of third parties, unless the Customer separately and expressly agrees otherwise.

(4) Where the Customer activates an AI Function, the Provider may transmit the Customer Data required for this purpose to the AI service provider used, only to the extent necessary to provide the activated AI Function. Insofar as personal data is processed, the processing takes place exclusively in accordance with the Data Processing Agreement concluded between the parties, including the sub-processors, processing locations, technical and organisational measures and any safeguards required for data transfers to third countries regulated therein.

(5) The Customer indemnifies the Provider against justified claims of third parties based on an unlawful provision or use of Customer Data for which the Customer is responsible. The indemnification includes reasonable costs of legal defence. The Provider shall inform the Customer without undue delay of any claims asserted and coordinate the legal defence with the Customer. Without the Customer's prior consent, the Provider will not make any acknowledgement and will not conclude any settlement, unless this is necessary to avert imminent damage. The indemnification is excluded insofar as the claim is based on, or was contributed to by, a breach of duty by the Provider, its legal representatives or vicarious agents.

§ 9 Rights to the Platform

(1) All rights to the Platform and its components remain with the Provider or its licensors. This applies in particular to software and source code, database structures, user interfaces, designs, trademarks and signs, documentation, standardised prompts, workflows, methods and platform logic.

(2) The Provider grants the Customer, for the duration of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use the Platform as intended within the contractually agreed scope.

(3) The right of use may be exercised exclusively by the Customer and its authorised User Accounts.

(4) The Customer may not reproduce, edit, make publicly available, distribute or make available to third parties the Platform or parts thereof, unless expressly agreed or mandatorily permitted by law.

(5) Mandatory statutory rights, in particular under § 69d and § 69e of the German Copyright Act (UrhG), remain unaffected. The Customer may not use information obtained under § 69e UrhG for purposes other than those permitted therein.

(6) The Customer may voluntarily submit suggestions for improvement. The Provider may use such suggestions free of charge for the further development of its services, provided that no confidential information, personal data or other protected content of the Customer is disclosed as a result.

§ 10 Manual editing and automations

(1) Manual changes are made by the User Account and actively saved. Transmission to the configured target channel may then take place within the set synchronisation interval.

(2) Insofar as included in the Plan, the Customer may set up rules with conditions defined by itself. If a condition occurs, the Platform may modify data automatically without a further individual approval.

(3) Activation of an automation rule constitutes the Customer's consent to the execution of the rule within the scope of application defined by the Customer. The Provider remains responsible for any execution by the Platform that is contrary to the contract or technically faulty.

(4) The Customer is obliged to test automation rules before activation in a suitable test environment or using suitable test cases, and to review their results regularly, on a risk-oriented basis and taking into account their legal and economic implications.

(5) If the Customer identifies faulty or undesired results, it must deactivate the rule concerned without undue delay and, where necessary, suspend synchronisation.

§ 11 AI-based functions

(1) Fair use for AI optimisations: The AI optimisation functions included in the respective Plan are intended for use that corresponds to the Plan, the product purpose and normal business use. Use is in particular no longer normal if, in terms of nature, scope, frequency or technical design, it deviates significantly from the typical use of comparable customers on the same Plan and thereby causes or may cause disproportionate variable costs for the Provider, significant impairments of the Platform's performance or security risks. Where there are concrete indications of such a significant excess, the Provider may, at its reasonable discretion and with due regard for the Customer's legitimate interests, temporarily restrict the use of the affected AI optimisation function to an appropriate extent. In particular, it may prioritise processing, set up queues or reduce the optimisation speed. In doing so, the Provider will take into account the severity, duration and cause of the excess use, the impact on the Platform and other customers, and available milder measures. Insofar as the purpose of the measure is not jeopardised, the Provider will inform the Customer, before imposing a restriction, of the essential reasons, the scope and the expected duration of the measure, and give the Customer the opportunity to adjust its use or to agree an upgrade of the Plan. In the case of a measure required immediately, the information will be provided without undue delay afterwards. The Provider will lift or adjust the restriction as soon as its requirements no longer apply. The measure must not lead to arbitrary or discriminatory treatment of the Customer and must not permanently and materially impair the contractually owed principal performance. In the event of a significant excess use that cannot be permanently remedied by a reasonable adjustment, the Provider will offer the Customer an appropriate solution, in particular a change of Plan or an individual agreement, before taking further measures. The Customer's statutory rights remain unaffected.

(2) The Customer appropriately reviews AI Suggestions before their publication or other legally relevant use. The Customer is responsible for the content it approves and uses, insofar as its defectiveness or unlawfulness was identifiable upon appropriate review or is based on data provided by the Customer.

(3) The parties comply with the obligations of Regulation (EU) 2024/1689 applicable to each of them. The Customer uses AI Functions exclusively for the agreed purpose, not for prohibited practices, and in compliance with the legal requirements applicable to its specific use. Insofar as the Customer uses or publishes AI outputs vis-à-vis natural persons, the Customer remains responsible for fulfilling the transparency, information, control and other deployer obligations incumbent on it, unless such obligations are imposed on the Provider by mandatory law.

(4) The Customer ensures that persons who operate AI Functions on its behalf or approve their results have a level of knowledge appropriate to their activity and the context of use, and are informed about the limitations, susceptibility to error and intended use of the AI Functions.

§ 12 Third-Party Platforms and interfaces

(1) The use of Third-Party Platforms requires that the Customer maintains its own valid contractual relationship there as well as the required accounts, access and permissions.

(2) Google services are connected only after an OAuth authorisation carried out by the Customer.

(3) The Customer is itself responsible for:

3.1 setting up and managing its accounts on Third-Party Platforms;

3.2 complying with the terms, policies and technical requirements of the Third-Party Platforms;

3.3 sufficient access and usage rights;

3.4 configuring and approving interfaces;

3.5 the lawfulness of the data transmission;

3.6 reviewing and correcting the data transmitted to Third-Party Platforms.

(4) The Provider is not responsible for the availability, functioning, policies, review procedures, algorithms and decisions of Third-Party Platforms. However, the Provider is liable in accordance with the statutory provisions insofar as an impairment was caused by a breach of duty for which it is responsible.

(5) If an interface is changed, restricted or discontinued, or if binding technical or legal requirements of a Third-Party Platform change, the Provider is entitled to adapt, temporarily suspend or discontinue the affected function, insofar as this is necessary to maintain secure and legally compliant operation and is reasonable for the Customer, weighing the interests of both parties. If, as a result, an essential contractual function permanently ceases to exist and no equivalent alternative is provided, the Customer may terminate the affected part of the contract for cause.

§ 13 Remuneration, invoicing

(1) The amount of the remuneration, the scope of services and the billing period are determined by the Plan selected by the Customer at the time the contract is concluded or by an individual agreement.

(2) Prices are exclusive of the applicable statutory value added tax, where such tax is payable.

(3) The remuneration is due in advance for the agreed billing period, unless otherwise specified in the order process or in an individual agreement.

(4) Payment processing and plan management are handled by Stripe Payments Europe, Limited.

(5) For payment and plan management, according to the documented status, in particular the account ID and plan status are exchanged with Stripe. Company, contact, invoicing and payment data are collected and stored within the Stripe systems. Complete card numbers or IBANs are not transmitted to the Provider's systems. The Provider can view transaction-related information via the Stripe dashboard.

(6) Stripe's validly incorporated terms additionally apply to Stripe's payment services. The contractual relationship regarding the use of the Platform is governed exclusively by these ToS and the other contractual documents incorporated between the parties.

(7) The Customer authorises Stripe and the Provider to collect the fees due via the payment method selected in the order process. The Customer must keep its billing and payment data up to date.

(8) If the Customer is in default of payment, the statutory provisions apply. After a reminder and the setting of a reasonable deadline, the Provider may block access if it has previously threatened to do so. Setting a deadline is dispensable if the statutory requirements for this are met.

§ 14 Price changes

The Provider may adjust the remuneration for future contract periods if the costs relevant to the respective Plan change after the contract is concluded, in particular costs for hosting, infrastructure, external AI service providers, security measures, support, payment processing, personnel or legally mandated services. The adjustment may not exceed the extent of the demonstrated cost change; cost reductions must be taken into account appropriately. The Provider shall inform the Customer of the new price, the effective date and the essential reasons for the change at least 30 days before it takes effect. If the price increase for the Customer is more than insignificant, the Customer may terminate the contract with effect from the change date at any time before the change takes effect. The Provider will point this out in the change notification. A price change is not agreed merely by the Customer's silence.

§ 15 Contract term

(1) The contract commences upon receipt of the Provider's declaration of acceptance or, if no separate declaration of acceptance is made, upon activation of the customer account or commencement of the contractual performance.

(2) The initial contract term corresponds to the billing period selected by the Customer, unless an individual agreement provides otherwise.

(3) The contract is automatically renewed for a further period of the same duration unless terminated by either party with 14 days' notice to the end of the current contract period. The automatic renewal and the notice period are displayed to the Customer before it submits its contractual declaration.

(4) Remuneration already paid in advance will not be refunded pro rata in the event of ordinary termination, provided that the Provider is not responsible for the termination and the Customer can use the service until the end of the period already paid for. Statutory reimbursement claims remain unaffected.

§ 16 Termination

(1) Either party may terminate the contract with 14 days' notice to the end of the current contract period. No reasons need to be given. Receipt of the termination notice by the other party is decisive for compliance with the notice period.

(2) Termination may be effected:

2.1 via a function provided for this purpose in the account administration;

2.2 by e-mail to info@rocketfeed.ai;

2.3 by another declaration in text form.

(3) The right of both parties to extraordinary termination for good cause remains unaffected.

(4) Good cause for the Provider may exist in particular if the Customer:

4.1 repeatedly or significantly breaches these ToS despite a warning;

4.2 uses the Platform unlawfully;

4.3 accesses systems or data without authorisation;

4.4 significantly endangers the security or functionality of the Platform;

4.5 remains in default with due payments to a significant extent despite a reminder and the setting of a reasonable deadline;

4.6 makes materially false statements about its entrepreneur status or authority of representation.

(5) Insofar as the good cause can be remedied, a reasonable period for remedy must generally first be set or a warning issued. This does not apply if immediate termination is justified, weighing the interests of both parties.

(6) Terminations for good cause should be declared in text form. Statutory form requirements and the validity of a termination made without a specific form where legally permissible remain unaffected.

§ 17 Blocking

(1) The Provider may temporarily block the Customer's access or individual User Accounts in whole or in part if there are concrete indications of unauthorised use or compromise, if the Customer breaches essential obligations under these ToS, if Customer Data or the use poses a significant risk, if the Customer remains in default with due payments despite a reminder and the setting of a reasonable deadline, or if immediate blocking is necessary to avert significant security or legal risks.

(2) When determining the nature, scope and duration of the block, the Provider takes into account in particular:

2.1 the severity and duration of the breach;

2.2 the Customer's fault;

2.3 the impact on other customers or third parties;

2.4 the risk of recurrence;

2.5 the availability of a milder measure.

(3) Insofar as the purpose of the measure is not jeopardised thereby, the Provider will inform the Customer before the block and give the Customer the opportunity to comment or remedy the situation. The Provider also informs the Customer of the reason for and the expected duration of the block, unless statutory, regulatory or security-related reasons preclude this.

(4) A block does not, in principle, affect the Customer's payment obligation, insofar as it is based on a breach for which the Customer is responsible. If the block is attributable to the Provider or continues without sufficient reason, the Customer's statutory rights remain unaffected.

(5) The Provider lifts the block as soon as the reason for it has ceased to exist.

§ 18 Availability, maintenance and changes to the Platform

(1) The Provider warrants an availability of the Platform of 99.5% on an annual average. Details of the calculation of availability, maintenance windows and further service levels may be set out in the Plan or in an individual agreement.

(2) When calculating availability, the following are disregarded: periods of announced or necessary maintenance work, malfunctions of customer-side systems, malfunctions of internet or telecommunications networks outside the Provider's area of responsibility, the unavailability of hosting, AI, payment or Third-Party Platform services outside the Provider's area of responsibility, force majeure, blocking required for security reasons, misconfiguration caused by the Customer, and exceeding of agreed usage limits, insofar as the respective cause is not attributable to the Provider.

(3) The Provider may carry out maintenance, security, update and repair work. Plannable work with material effects will, where possible, be carried out at times of low usage and announced in advance.

(4) In the event of critical security vulnerabilities, acute risks or mandatory third-party changes, the Provider may take measures without prior announcement.

(5) The Provider may further develop the Platform and change functions insofar as this is necessary for security, for compliance with mandatory legal requirements, or for adaptation to technical developments or changes to Third-Party Platforms, and the contractually owed principal performance is not materially impaired thereby. In the event of a material impairment, the Provider shall inform the Customer in good time and grant the Customer a right of termination with effect from the change date, unless an equivalent alternative is provided. The Customer's statutory rights remain unaffected.

§ 19 Rights in the event of defects

(1) For the temporary provision of the Platform, the statutory provisions of tenancy law apply where relevant, subject to the following provisions. The Customer's right to a reduction in the event of a more than insignificant, unjustified impairment of the contractual use remains unaffected.

(2) The Provider maintains the Platform in the contractually agreed condition during the term of the contract. A defect exists if the Platform deviates from the agreed quality and its contractual use is thereby impaired.

(3) The quality owed is determined by the functions agreed at the time the contract was concluded, the incorporated plan and service description and other expressly agreed properties.

(4) There is no defect for which the Provider is responsible insofar as the impairment is caused exclusively by the Customer's technical environment, faulty Customer Data, use contrary to the contract, or a malfunction of a third-party provider outside the Provider's area of responsibility.

(5) The Customer must report defects in a comprehensible manner without undue delay after discovery and support the Provider in the error analysis to a reasonable extent. The Customer's statutory rights remain unaffected. If the Customer is a merchant, statutory obligations to inspect and give notice of defects remain unaffected insofar as they are applicable to the nature of the specific service.

(6) The Provider is first given the opportunity to remedy a defect within a reasonable period. The Provider may, at its option, remedy the defect by error correction, update, workaround or provision of a functionally equivalent solution, insofar as this is reasonable for the Customer.

(7) Insofar as tenancy law provisions apply accordingly, strict liability for defects existing at the time the contract was concluded is excluded. The Customer's rights in respect of fraudulently concealed defects, assumed guarantees and culpable breaches of duty remain unaffected.

§ 20 Liability

(1) The Provider is liable without limitation:

1.1 in cases of intent and gross negligence;

1.2 for culpable injury to life, body or health;

1.3 under the German Product Liability Act;

1.4 to the extent of an expressly assumed guarantee;

1.5 in the event of fraudulent concealment of a defect;

1.6 insofar as a limitation of liability is legally impermissible.

(2) In the event of a slightly negligent breach of an essential contractual obligation, the Provider is liable for compensation of the foreseeable damage typical for the contract at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

(3) In all other respects, the Provider's liability for slight negligence is excluded.

(4) The limitations of liability also apply in favour of the Provider's legal representatives, employees and vicarious agents.

(5) In the event of loss of data, the Provider is liable, in accordance with this liability provision, for the effort required to restore the data if and insofar as the Customer has carried out appropriate and reasonable backups. This limitation does not apply insofar as, under the purpose of the contract or an express agreement, the backup was the sole responsibility of the Provider. Statutory rules on the burden of proof remain unaffected.

(6) Insofar as damage results from the Customer using an AI Suggestion that was identifiably faulty upon appropriate, risk-oriented review, or from the Customer culpably breaching its contractual review and cooperation obligations, this shall be taken into account in the assessment of contributory negligence in accordance with the statutory provisions. Liability for errors of the Platform, the interfaces used or processing for which the Provider is responsible remains unaffected.

(7) The Provider is not liable solely because a Third-Party Platform rejects a feed, blocks an account or changes its policies, interfaces or algorithms. Liability remains in place insofar as the measure was caused by a breach of duty for which the Provider is responsible.

§ 21 Confidentiality

Both parties undertake to keep confidential information of the other party secret, to use it exclusively for the performance of the contract and to make it accessible only to persons who need it for the performance of the contract and are bound to confidentiality. This obligation does not apply to information that is demonstrably publicly known, lawfully known beforehand, lawfully obtained from third parties or independently developed. Disclosures required by law or by authorities remain permissible. The obligation continues to apply after the end of the contract for as long as the information remains confidential.

§ 22 Security incidents

(1) The Provider shall inform the Customer without undue delay of security incidents that have come to its knowledge and that may materially impair Customer Data or the contractual use of the Platform. Details regarding personal data breaches are governed by the Data Processing Agreement.

(2) The Customer shall inform the Provider without undue delay of security-relevant incidents within its area of responsibility that may impair the Platform or Customer Data.

§ 23 Subcontractors and vicarious agents outside commissioned data processing

The Provider may use suitable third parties to fulfil its contractual obligations. It remains responsible for their services in accordance with the statutory provisions. Insofar as a third party processes personal data of the Customer, the provisions of the Data Processing Agreement on sub-processors apply.

§ 24 Amendments to these ToS

Amendments to these ToS for existing contractual relationships require the Customer's consent, unless they are of a purely editorial nature, correspond to mandatory statutory or regulatory requirements or exclusively benefit the Customer. Amendments affecting the subject matter of the contract, the remuneration, liability, the term or essential usage options only become effective with the Customer's express consent.

§ 25 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, Stuttgart is agreed as the place of jurisdiction for all disputes arising from or in connection with the contractual relationship. In all other respects, the statutory places of jurisdiction apply.

§ 26 Final provisions

(1) Unless expressly agreed otherwise, the Provider does not warrant that AI-generated content is protected by copyright, free of third-party rights, legally permissible, factually correct, complete, suitable for a particular purpose or exclusively usable. The Provider remains responsible for the contractual provision of the AI Function and for breaches of duty for which it is responsible, in accordance with these ToS.

(2) Amendments and additions to the contract should be made in text form for evidentiary reasons. Individual contractual agreements take precedence.

(3) The Customer may transfer rights and obligations under the contract only with the Provider's prior consent. Consent may not be unreasonably withheld. Legally permissible transfers, in particular under § 354a of the German Commercial Code (HGB), remain unaffected.

(4) Should any provision of these ToS be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provisions.