General terms for the use of the Kintellica platform
Kintellica GmbH
Hofweg 81, 22085 Hamburg
As of: 2026
(1) These General 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 digital solutions.
(2) Customers within the meaning of these Terms are both consumers (§ 13 BGB) and businesses (§ 14 BGB).
(3) Deviating or supplementary terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing.
(1) The presentation of services, software or digital products does not constitute a legally binding offer, but an invitation to place an order.
(2) A contract is concluded when the customer in the online checkout
(3) The contract becomes effective upon dispatch of the confirmation email or upon activation of the service.
(4) No oral side agreements exist.
(1) Kintellica provides digital and AI-powered services, in particular:
(2) The specific scope of services results from the respective service description at the time of order.
(3) Kintellica does not owe any particular economic, legal or technical success. AI-based services deliver probabilistic, not deterministic results.
(1) The customer receives a simple, non-exclusive, non-transferable right of use for the duration of the contract.
(2) Transfer, sublicensing, reproduction, public access or use beyond the booked plan is prohibited.
(3) Reverse engineering, decompilation, training of own AI models with the software or abusive use is prohibited.
(1) The prices displayed at the time of contract conclusion apply.
(2) Subscriptions are billed in advance at the respective billing interval.
(3) One-time purchases are due for payment immediately.
(4) Payments are made via the payment methods offered in the order process.
(5) In the event of late payment, the statutory provisions pursuant to §§ 286, 288 BGB (German Civil Code) apply.
(1) Subscriptions can be cancelled monthly unless a different minimum term has been expressly agreed.
(2) Cancellation is possible at any time effective at the end of the respective billing period.
(3) If no cancellation is made, the subscription is automatically renewed for an additional month.
(4) The right to extraordinary termination for good cause remains unaffected.
(1) The customer is obligated to treat access credentials confidentially and to secure them against unauthorized access.
(2) The customer may not create, process or distribute any unlawful, abusive or harmful content.
(3) The customer is solely responsible for the legal permissibility of the data and content entered by them.
(1) Kintellica provides services with industry-standard diligence.
(2) Maintenance, security or development measures may lead to temporary restrictions.
(3) There is no entitlement to continuous or uninterrupted availability.
(1) Kintellica implements state-of-the-art technical and organizational measures to ensure the security of customer-transmitted information.
(2) Content and user data are processed in encrypted form during transmission and storage (end-to-end or zero-knowledge-like security architecture, insofar as technically implemented).
(3) Customer data processing is generally automated. Manual access by employees to specific content does not regularly take place.
(4) Data storage is carried out exclusively for the provision of contractually owed services. Access is technically restricted and only possible to the extent required for operation, maintenance, error analysis or legal obligations.
(5) The customer remains the sole owner of their content and bears responsibility for backup, use and legal permissibility.
(6) A complete technical exclusion of any access possibility cannot be guaranteed.
(1) Consumers have a statutory right of withdrawal.
(2) The right of withdrawal expires prematurely if
(1) Kintellica is liable without limitation in cases of intent and gross negligence.
(2) In cases of simple negligence, Kintellica is only liable for breach of material contractual obligations and limited to the foreseeable damage.
(3) Liability for lost profits, data loss or consequential damages is excluded to the extent permitted by law.
(4) Liability under the German Product Liability Act remains unaffected.
(1) The processing of personal data is carried out in accordance with the GDPR, BDSG and TTDSG.
(2) The customer remains the controller within the meaning of Art. 4(7) GDPR.
(3) Data processing agreements (DPA) are provided upon request.
All content, models, code, architectures, algorithms, designs and documentation remain the intellectual property of Kintellica.
(1) Kintellica reserves the right to amend these Terms if there are objective reasons for doing so.
(2) Changes will be communicated to the customer in a timely manner.
(3) If the customer does not object within 14 days, the changes are deemed accepted, provided no material contractual content is affected.
(1) The law of the Federal Republic of Germany applies.
(2) The place of jurisdiction for businesses is Hamburg.
(3) The contract language is German.
Should any provision of these Terms be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.