General Terms and Conditions of Use
1. Scope and Subject Matter of the Agreement
1.1 Helia AI GmbH (hereinafter "Helia AI") provides its customers (hereinafter "Licensee") with cloud-based solutions for automated document creation as well as related software services via the internet.
1.2 This agreement governs the temporary provision of the Helia AI platform and the granting of usage rights within the framework of a Software-as-a-Service (SaaS) model.
1.3 Any terms and conditions of the Licensee that conflict with or deviate from these terms shall not apply unless Helia AI has expressly agreed to their validity in writing.
2. Scope of Services and Provision
2.1 Helia AI provides the software in its current version via a browser-based interface. Physical acquisition of the software or provision of the source code is excluded.
2.2 The specific functionality results from the service description valid at the time of contract conclusion on the Helia AI website or from the individual offer.
2.3 Helia AI is entitled to further develop the software in line with technical progress and to adapt functionalities, provided that the essential performance features for the Licensee are maintained.
3. Usage Rights and Restrictions
3.1 Helia AI grants the Licensee a simple, non-transferable, non-sublicensable right, limited to the term of the agreement, to use the software for internal business purposes.
3.2 The Licensee is not entitled to reproduce, rent, lease, or otherwise provide the software to third parties.
3.3 Misuse of the AI interfaces (e.g., through reverse engineering or automated mass queries that endanger system integrity) is prohibited and entitles Helia AI to immediately block access.
4. Registration and User Management
4.1 Use of the platform requires the creation of an administrator account. The Licensee undertakes to provide all required information truthfully.
4.2 The Licensee is responsible for the secure storage of access credentials. Helia AI is not liable for damages resulting from the loss or misuse of access credentials by the Licensee.
4.3 By activating a user account, a usage agreement based on these General Terms and Conditions is established.
5. Remuneration and Payment Terms
5.1 Remuneration is based on the current price list or the individual agreement.
5.2 Unless otherwise agreed, fees are due in advance at the beginning of each billing period.
5.3 If the Licensee is in default of payment, Helia AI is entitled, after prior notice, to temporarily suspend access to the platform. The default interest rate is nine (9) percentage points above the respective base interest rate.
6. Term and Termination
6.1 The agreement is concluded for an indefinite period. The minimum term depends on the selected subscription model (e.g., monthly or yearly).
6.2 The agreement may be terminated at any time at the end of the current billing period via the platform's administration area or in text form.
6.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Licensee violates essential usage restrictions.
7. AI-Specific Notes and Maintenance
7.1 Helia AI strives for service availability of 99% on an annual average. Planned maintenance times are excluded.
7.2 Important notice: The software uses artificial intelligence to generate content. Due to the nature of this technology, no guarantee can be given for the absolute accuracy, completeness, or up-to-dateness of each generated document. The final review and approval of the results is the sole responsibility of the Licensee.
8. Limitation of Liability
8.1 Helia AI is liable without limitation in cases of intent, gross negligence, and for injury to life, body, or health.
8.2 In cases of slight negligence, Helia AI is only liable for the violation of an essential contractual obligation (cardinal duty). In such cases, liability is limited to the typical, foreseeable damage under the agreement.
8.3 Strict liability for defects existing at the time of contract conclusion (§ 536a BGB) is excluded.
9. Confidentiality and Data Protection
9.1 The parties undertake to keep all confidential information of the other party strictly secret. This applies in particular to trade secrets and technical know-how.
9.2 Helia AI processes personal data in accordance with the GDPR. Since the processing is carried out on behalf of the Licensee, the parties conclude a separate Data Processing Agreement (DPA).
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 Place of performance and exclusive place of jurisdiction for all disputes arising from this agreement is the registered office of Helia AI GmbH.
10.3 Should individual provisions of this agreement be or become invalid, the validity of the remaining provisions shall not be affected.