These General Terms and Conditions (GTC) cover the services of HybridAI GbR, Birkenfelderstr. 36, 50935 Cologne, Germany (provider) within the application "HybridAI" or "HaiChat.life" for customers who are not consumers as defined by ยง 13 BGB.
These GTC and any specific contractual agreements with the customer apply exclusively. Opposing or differing conditions from the customer are not valid, even if the provider performs the service without objecting to the customer's terms.
The provider may amend these GTC with appropriate notice. Changes will only take effect if the customer does not object within one month of receiving written notice and the provider has informed the customer about the right to object and the deadline.
The web form filled out by the customer or any other booking request submitted constitutes a binding offer by the customer to enter into a contract for the provider's listed services. The contract is concluded upon the provider's acceptance of the offer, or at the latest, when the service is provided.
All offers from the provider are non-binding unless explicitly marked as binding in writing. Service dates mentioned in the order are only binding if confirmed in writing by the provider.
The details of the respective contractually agreed services are outlined on the provider's current product ordering pages at the time of contract conclusion.
The provider reserves the right to modify or discontinue free services at any time, taking into account the customer's legitimate interests. Where feasible, the provider will notify the customer in advance with reasonable notice.
The provider ensures the availability of the contractually agreed services 24/7, 365 days a year ("system runtime"). A 99% annual average availability rate (hereinafter "SLA") is guaranteed.
If disruptions occur during service use, the customer must immediately inform the provider.
The customer is obligated to keep access credentials (username, password) confidential and not disclose them to unauthorized third parties.
The provider grants the customer a non-exclusive, non-transferable, non-sublicensable, worldwide right to use the contractual services for the duration of the agreement and in accordance with its terms.
The provider collects, processes, and uses personal data solely under the applicable German data protection laws. The provider's privacy policy, as updated, is available on the product pages.
The customer agrees to use the provider's services in compliance with data protection laws and to inform users of the service about data processing as appropriate.
For the free use of services, the provider's liability is limited to intentional misconduct, fraud, gross negligence, or the absence of a guaranteed feature.
For paid services, the provider is liable according to legal regulations.
Unless otherwise agreed in the contract, payment terms are outlined on the provider's current product ordering pages at the time of the contract's conclusion.
All prices (including additional costs) are net. The provider is entitled to issue invoices electronically.
Unless otherwise agreed, the contract for a booked edition has a minimum term of one, twelve, or twenty-four months, depending on the selected product.
HybridAI provides technical, software-based support for the customer's communication with third parties via independent messenger applications like Facebook Messenger and Telegram, in accordance with the service description.
The provider may delegate the services to third parties as subcontractors. The provider is responsible for subcontractor performance as if it were their own.
The legal relationship between the provider and the customer is governed by German law, excluding the UN Sales Convention.
HybridAI may use the customer's company name and logo for PR and marketing purposes. The customer can object to this use at any time.