§ 1 Scope
(1) These Terms and Conditions apply to all contracts between Kintellica GmbH (hereinafter "Kintellica" or "Provider") and its customers for digital services, software products, AI models, SaaS platforms, API integrations, custom assistants, real‑time AI features and other solutions.
(2) Deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing.
§ 2 Conclusion of Contract
(1) The presentation of services, software or digital products does not constitute a legally binding offer.
(2) A contract is concluded by:
- written or electronic order confirmation,
- acceptance of an offer,
- use of the provided systems (implied acceptance), or
- the conclusion of a subscription on the website or platform.
§ 3 Subject Matter of the Service
(1) Kintellica provides digital and AI‑based services, in particular:
- SaaS software,
- AI platforms,
- custom AI assistants,
- API connectors,
- workflow automations,
- data processing systems,
- team account management.
(2) The specific scope of services is determined by the respective contract, offer or service description.
(3) Kintellica does not guarantee any specific economic or technical outcome. AI products deliver probabilistic results.
§ 4 Licenses
(1) The customer receives a non‑exclusive, non‑transferable right to use the software or digital services.
(2) Transfer, sublicensing, reproduction or public disclosure by the customer is not permitted without consent.
(3) Use is only permitted in accordance with the tariff/plan booked by the customer.
§ 5 Prices and Payment Terms
(1) The agreed prices or the tariffs shown on the website shall apply.
(2) Invoices are due immediately without deduction unless otherwise agreed.
(3) In the event of default, the statutory provisions shall apply (see §§ 286, 288 BGB).
§ 6 Customer Obligations
(1) The customer is obliged to keep access credentials confidential and to protect them against unauthorized access.
(2) The customer must not create, process or distribute illegal content.
(3) The customer is responsible for inputs, data and content submitted to Kintellica's systems.
§ 7 Availability & Technical Requirements
(1) Kintellica provides services with industry‑standard care and a high, but not guaranteed, availability.
(2) Maintenance, security or development measures may lead to temporary restrictions.
(3) There is no claim to continuous availability at all times.
§ 8 Liability
(1) Kintellica is liable only for intent and gross negligence, insofar as permitted by law.
(2) For simple negligence, Kintellica is liable only for breach of essential contractual obligations (cardinal obligations).
(3) Liability is limited to the typical, foreseeable damage in amount.
(4) Liability for lost profits, business interruption or data loss is excluded, unless mandatory law provides otherwise.
(5) Liability under the Product Liability Act remains unaffected.
§ 9 Data Processing & GDPR
(1) Kintellica processes personal data in accordance with the GDPR, the new BDSG and the applicable telecommunications/data protection laws.
(2) The customer remains the controller for the data they process via Kintellica's systems (Art. 4 (7) GDPR).
(3) Data processing agreements (DPAs) are provided upon request.
(4) AI outputs may vary probabilistically; personal data should only be entered where legally permissible.
§ 10 Intellectual Property
(1) All content, models, code, architectures, designs and other intellectual property remain the property of Kintellica.
(2) Any use not expressly permitted is prohibited.
§ 11 Term / Termination
(1) Subscriptions renew automatically for the respective contract period unless terminated in due time.
(2) Ordinary termination rights depend on the booked tariff.
(3) The right to extraordinary termination for good cause remains unaffected.
§ 12 Changes to the Terms
(1) Kintellica reserves the right to amend these Terms and Conditions.
(2) Changes will be communicated to the customer in good time.
(3) If the customer does not object within 14 days, the changes shall be deemed accepted.
§ 13 Governing Law / Jurisdiction
(1) The law of the Federal Republic of Germany shall apply exclusively.
(2) The place of jurisdiction shall be Hamburg, insofar as legally permissible.
(3) The contract language is German.
§ 14 Severability Clause
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory regulation.