Terms and Conditions of hermine.ai
1. Introduction
1.1 Purpose of the Terms and Conditions
These General Terms and Conditions (hereinafter "Terms") govern the business relationship between hermine.ai, a product of zauberware technologies GmbH & Co. KG, and our customers. They apply to the use of all services and products we offer, including all related software applications, APIs, and websites (collectively "Services"). By using the services of hermine.ai, you, as a corporate customer, agree to these Terms and accept them as legally binding.
1.2 Scope and Acceptance of the Terms
These Terms apply to customers who use our services in their business operations. By registering with hermine.ai or continuing to use the services, you, as a customer, express your explicit consent to these Terms. If you do not agree with parts of the Terms, the use of hermine.ai's services is not permitted.
1.3 Definition of Important Terms
Services: Refers to all products, software applications, APIs, and websites offered by hermine.ai, developed for corporate customers.
Corporate Customer/Customer: Any legal entity that enters into a business relationship with hermine.ai in the exercise of its commercial or independent professional activity.
Content: Refers to all data, texts, information, images, graphics, videos, and other materials that are generated, transmitted, processed, or stored through the use of hermine.ai's services.
Output: The result produced by processing user inputs ("Input") through the services of hermine.ai.
Workflow: A multi-stage AI process with input, multiple AI instructions, and output.
The use of hermine.ai's services is reserved for companies that want to use AI technology to optimize their business processes. Our privacy policy, which is not part of these Terms, explains how we collect and use personal information. We recommend that you also read this policy carefully.
2. Services
2.1 Corporate Mission and Vision
Hermine.ai is an API-first platform that aims to transform our customers' AI vision into concrete results. We see ourselves as a navigation compass in the AI landscape, providing companies not only with access to cutting-edge AI tools but also with the necessary expert knowledge for successful implementation. Our mission is to enable leaders such as CDOs and CTOs to use AI technologies efficiently and purposefully to achieve operational excellence and to use AI as a competitive advantage.
2.2 Description of Services
Hermine.ai offers a comprehensive range of services, from expert consulting for AI strategies to holistic knowledge transfer to customized development services. Our robust and scalable technology platform supports a variety of AI models and ensures data security and transparency in costs. We offer modular AI solutions tailored to the specific requirements of our customers and promote the exchange of ideas and best practices through our community approach. With our API-first approach, we enable easy and seamless integration of AI into existing business processes.
2.3 USE OF SERVICES
The services of hermine.ai are intended exclusively for business use by corporate customers. Customers are required to use the services in compliance with all applicable laws, regulations, and these Terms. Any use of the services for illegal purposes or in a manner that infringes the rights of third parties is strictly prohibited. Customers may not use the services for activities that impair the functionality of the services or could harm other users.
2.4 Responsibility for Links
The services of hermine.ai may contain links to external third-party websites. These links are provided as a service or for further information. Hermine.ai has no control over the content or availability of these external websites and is not responsible for their content. The inclusion of links does not imply any endorsement or support of the views expressed therein. The use of such external websites is at the user's own risk.
2.5 THIRD-PARTY OFFERS
Hermine.ai may integrate or refer to third-party software, products, or services as part of the services. Such third-party offers are subject to the respective third parties' own terms and privacy policies. Hermine.ai assumes no liability for the products, services, or content of third parties and makes no representations regarding the quality, safety, or reliability of these offers.
2.6 RESPONSIBILITY FOR THE CUSTOMER ACCOUNT
Corporate customers are responsible for the security and confidentiality of their account information and passwords. Customers must inform hermine.ai immediately of any unauthorized use of their account or any other security breach. Customers are responsible for all activities that occur under their account, and hermine.ai is not liable for losses or damages resulting from non-compliance with this security obligation.
3. Usage Restrictions
3.1 PROPERTY RIGHTS AND USAGE ENTITLEMENT
The services provided by hermine.ai, including all related software applications, APIs, databases, tools, and associated websites, are copyrighted and remain the exclusive property of hermine.ai and/or its licensors. Corporate customers receive a non-exclusive, non-transferable, revocable license to use the services for internal business purposes and in accordance with these Terms. Corporate customers are entitled to use the AI requests within the scope of their own business activities, including, but not limited to, analysis, reporting, and improving their services. All rights not expressly granted herein are reserved.
Individually programmed workflows and AI components that have been developed specifically for the needs of a corporate customer are excluded from this license. Corporate customers have access to the complete AI requests and may use them for their own purposes. However, the programming code that executes these requests remains the exclusive property of hermine.ai and/or its licensors. Customers may not view, copy, modify, or otherwise use the programming code unless a separate agreement has been made that expressly grants such rights.
3.2 PROHIBITED ACTIVITIES AND RESTRICTIONS
Corporate customers may not use the services of hermine.ai in a way that:
- violates applicable law, including, but not limited to, copyright, privacy, export control laws, and trade sanctions;
- infringes the rights of third parties, including patent, trademark, trade secret, copyright, privacy, or publicity rights;
- is fraudulent, misleading, or deceptive;
- is defamatory, libelous, obscene, pornographic, vulgar, or offensive;
- is discriminatory or incites hatred;
- leads to the dissemination of malware or harmful code or endangers the security of the services;
- excessively burdens or impairs the functionality or performance of the services;
- enables access to the services or systems of hermine.ai without authorization, including attempts to circumvent passwords or security measures.
The use of the services for the purpose of competing with hermine.ai or for developing services, products, or content that compete with hermine.ai is expressly prohibited. This includes the use of data or content for benchmarking, reverse engineering, copying features, functions, or graphics, extracting data, or other competitive activities.
Corporate customers are required to take all necessary measures to ensure compliance with these usage restrictions by their employees and third parties who have access to the services.
3.3 Third-Party Usage Rights
The services of hermine.ai may contain content that is copyrighted or otherwise protected by third-party rights. Customers undertake not to upload, share, or otherwise use content that could infringe third-party rights unless they possess the necessary licenses or consents. Hermine.ai assumes no liability for the infringement of third-party rights by customers. Customers agree to indemnify and hold hermine.ai harmless in the event of a claim by third parties due to such an infringement.
4. Content
4.1 CUSTOMER DATA
Customer data includes all information and data provided or generated by corporate customers in the course of using hermine.ai's services. This includes, without limitation, texts, images, graphics, videos, databases, interfaces, specific configurations, and other types of information that customers upload, transmit, or otherwise introduce into hermine.ai's services.
4.2 OBLIGATIONS REGARDING CUSTOMER DATA
Corporate customers are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the customer data. Customers guarantee that they have all necessary rights or have obtained them to use customer data within the scope of hermine.ai's services and to authorize hermine.ai to process it. Customers are also responsible for taking appropriate data protection and security measures to ensure the protection and confidentiality of customer data.
4.3 HANDLING OF OUTPUTS
Outputs are the results produced by processing customer data through hermine.ai's services. Hermine.ai claims no ownership rights to the outputs that customers receive through the use of the services. However, customers acknowledge that hermine.ai may require certain usage rights to the outputs, depending on the features of the AI technology used and the requirements of third-party providers, to provide the services. Customers grant hermine.ai a license to use the outputs exclusively for internal quality purposes and to improve the platform. Hermine.ai does not intend to use, reproduce, adapt, modify, publish, or distribute the outputs for commercial purposes unless it is necessary to improve the services or to comply with legal requirements. This license automatically terminates when customers delete their customer data from hermine.ai's services or terminate the service. Hermine.ai commits not to retain any copies of the outputs except as required to comply with legal requirements or to enforce the Terms.
5. Confidentiality
5.1 USE AND CONFIDENTIALITY
All confidential information exchanged in the course of using hermine.ai's services, including, but not limited to, trade secrets, technological know-how, business plans, customer lists, and other sensitive data, must be treated as strictly confidential. Corporate customers undertake not to use this information except as necessary for the proper use of the services and not to disclose it to third parties without the prior written consent of hermine.ai. This confidentiality obligation remains in effect even after the termination of the business relationship.
5.2 EXCEPTIONS
The confidentiality obligation does not apply to information that:
- was already publicly known at the time of disclosure or subsequently became publicly known through no fault of the receiving party;
- was already known to the receiving party prior to disclosure without a confidentiality obligation;
- was lawfully disclosed by a third party without a confidentiality obligation;
- was independently developed by the receiving party without access to the disclosing party's confidential information.
Furthermore, the disclosure of confidential information may be required to comply with legal requirements or valid orders from courts or authorities. In such cases, the receiving party will, to the extent permissible and practicable, inform the disclosing party in advance and take appropriate measures to limit the scope of disclosure.
6. Security
6.1 SECURITY PROGRAM
Hermine.ai is committed to ensuring the security and protection of the data provided by our customers. We maintain a comprehensive information security program based on recognized standards and regularly updated to respond to new security threats and developments. This program includes administrative, physical, and technical security measures designed to protect the services and the data contained therein from unauthorized access, disclosure, alteration, and destruction.
6.2 SECURITY OBLIGATIONS
Customers are responsible for maintaining the confidentiality of their account information and passwords and for all activities that occur under their account. Customers must inform hermine.ai immediately of any unauthorized use of their account or security breaches. Hermine.ai will take appropriate measures to investigate and resolve the situation upon discovery of a security breach and will inform affected customers in accordance with applicable laws and regulations.
Customers are also required to comply with all applicable data protection and security laws and regulations relevant to their use of the services.
Hermine.ai reserves the right to restrict or terminate access to the services if a customer fails to comply with security policies or obligations or if we have reasonable grounds to believe that the security of the services is compromised.
7. Data Protection
7.1 PROCESSING OF PERSONAL DATA
Hermine.ai is committed to protecting the privacy and personal data of our customers. Customers are responsible for complying with all data protection laws and regulations relevant to their use of the services and must ensure that all personal data they transmit to hermine.ai has been lawfully collected and that the necessary consents have been obtained. Customers are also required to enter into data processing agreements in accordance with Article 28 of the GDPR when using hermine.ai to process personal data on their behalf.
7.2 HANDLING OF SENSITIVE DATA
Hermine.ai acknowledges that certain data provided or generated by our corporate customers in the course of using our services may be considered sensitive, particularly in the healthcare sector, financial services, or other areas where special data protection measures are required. For these sensitive data, we can provide individual database structures and server infrastructures to ensure increased security and compliance with specific legal requirements.
Customers processing sensitive data are required to inform hermine.ai about the special nature of this data so that we can take the necessary precautions. Hermine.ai will work with customers to ensure that the processing of these sensitive data complies with individual data protection requirements and agreements negotiated and documented in addition to these Terms.
8. Payments and Taxes
8.1 FEES AND BILLING
Corporate customers of hermine.ai commit to paying the agreed fees for the use of the services. Billing is based on a monthly package that is processed through an automated payment procedure, such as Stripe. Additionally, consumption per month is automatically billed. The exact prices for the respective packages (Small, Medium, Large) per 1000 tokens are published on our website and are part of the contract. Hermine.ai strives to pass on price reductions from our third-party providers to our customers as best as possible. Should the prices of our third-party providers increase, we unfortunately have to pass on these increases to our customers at the end of the next month. Customers will be informed of such price changes at least 4 weeks in advance.
8.2 SERVICE CREDITS
Customers can purchase service credits to use hermine.ai's services. These credits are paid in advance and are available for use in the services from the time of payment. Unused credits cannot be carried over to the following month.
8.3 TAXES AND DUTIES
All prices are exclusive of the applicable statutory value-added tax. Customers are obligated to bear and remit to the competent authorities all taxes and duties that arise in connection with the use of hermine.ai's services.
8.4 INVOICE DISPUTES AND PAYMENT DEFAULT
In the event of invoice disputes, the customer must object in writing within 30 days of the invoice date. In case of payment default, hermine.ai is entitled to charge statutory default interest and suspend the services until full payment of the outstanding amounts is made. Customers will be informed in advance of an impending suspension. Furthermore, hermine.ai reserves the right to take further legal action in the event of payment default.
9. Term and Termination
9.1 DURATION OF THE CONTRACT
The term of the contract begins with the registration of the corporate customer at hermine.ai and the agreement to these Terms and Conditions. The contract is concluded for an indefinite period and may be terminated by either party with a notice period of one month to the end of the month.
9.2 TERMINATION CONDITIONS
Customers may terminate the contract with hermine.ai at any time with a notice period of one month to the end of the billing month. The termination must be made in text form. Hermine.ai reserves the right to terminate the contract as well with a notice period of one month to the end of the month.
9.3 CONSEQUENCES OF TERMINATION
Upon the effectiveness of the termination, all outstanding costs will be invoiced and charged to the customer. Customers have the right to request an export of their inputs and outputs as well as AI requests from individually programmed workflows after termination of the contract. Hermine.ai will provide reasonable assistance to enable customers to export their data in a common format. Hermine.ai may charge a reasonable fee for the data export, which will be based on the volume of data to be exported and the associated effort. Customers will be informed in advance about the costs of the data export. After completion of the export and the settlement of all costs, hermine.ai will delete all customer data, unless otherwise required by law or necessary for the enforcement of the Terms and Conditions.
9.3 Right of Withdrawal
Customers have the right to withdraw from the contract with hermine.ai under certain conditions. A withdrawal is possible if hermine.ai violates essential contractual obligations, making it unreasonable for the customer to adhere to the contract. Likewise, hermine.ai may withdraw from the contract if the customer repeatedly violates essential contractual conditions and does not remedy the situation despite written warning. In the event of a withdrawal, services already provided will be invoiced and non-refundable advance payments will be retained.
10. Warranty and Disclaimer
10.1 WARRANTY
Hermine.ai warrants that the services will function substantially in accordance with the documentation and specifications provided on our website or in other official publications of hermine.ai. Should the services exhibit significant defects, hermine.ai will, at its discretion and as quickly as practicable, either repair or replace the service, or if this is not possible, offer a reasonable price reduction or termination of the service. This warranty does not apply to problems caused by misuse, unauthorized use, or changes to the services by the customer.
10.2 DISCLAIMER
Hermine.ai provides the services "as is" and excludes, to the extent permitted by law, all express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hermine.ai does not guarantee that the services will be uninterrupted or error-free, that defects will be corrected, or that the services are free from harmful components. Hermine.ai assumes no warranty for the content that customers create, store, or access in the course of using the services.
11. Indemnification
11.1 INDEMNIFICATION BY US
Hermine.ai is liable for damages caused by intentional or grossly negligent actions on our part, our legal representatives, or vicarious agents, according to statutory provisions. We are also liable for injury to life, body, or health resulting from a negligent breach of duty by us or intentional or negligent breach of duty by our legal representatives or vicarious agents. For damages caused by slight negligence, we are only liable if essential contractual obligations (cardinal obligations) are violated. In this case, liability is limited to the foreseeable, contract-typical damage.
11.2 INDEMNIFICATION BY THE CUSTOMER
The customer is liable for damages arising from the use of hermine.ai's services, especially if this use violates the usage restrictions set out in these Terms and Conditions. The customer agrees to indemnify hermine.ai from all claims by third parties arising from legal violations attributable to the customer.
11.3 PROCEDURE FOR INDEMNIFICATION CLAIMS
In the event of an indemnification claim, the party asserting the claim will inform the other party promptly and completely and give them the opportunity to investigate the damage. Both parties will cooperate to minimize the consequences of the damage. Indemnification claims must be asserted within the statutory limitation periods.
12. Limitations of Liability
12.1 LIMITATIONS ON INDIRECT DAMAGES
Hermine.ai is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or damages from business interruptions arising from the use or inability to use the services, even if hermine.ai has been advised of the possibility of such damages. This also applies if the primary remedies fail their essential purpose.
12.2 LIABILITY CAP
The total liability of hermine.ai to the customer for all claims arising from the use of the services, whether in contract, tort, or otherwise, is limited to the amount the customer has paid for the use of the services in the twelve months prior to the claim arising. This liability cap does not apply to claims based on intentional or gross negligence by hermine.ai, for guaranteed characteristics, for injury to life, body, or health, or under the Product Liability Act.
13. Trade Controls
13.1 COMPLIANCE WITH TRADE LAWS
Hermine.ai commits to complying with all applicable trade laws, export control laws, and sanctions enacted by the European Union, the Federal Republic of Germany, and all other relevant governmental authorities. Customers using hermine.ai's services hereby also declare that they will comply with these laws and regulations.
The services of hermine.ai must not be used for purposes prohibited by trade sanctions or export control laws. Customers may not directly or indirectly export, re-export, transmit, or use the services in countries for which the European Union or the Federal Republic of Germany has imposed an embargo or which are otherwise considered a sanctions target.
Customers are responsible for ensuring that they do not violate trade laws by using hermine.ai's services. This includes, but is not limited to, the obligation not to use services for prohibited end-uses, not to supply prohibited parties, and not to circumvent government licenses that may be required for the export, re-export, or transfer of goods, software, or technology.
Hermine.ai reserves the right to restrict or terminate services if hermine.ai has reason to believe that a customer is violating trade laws or if such measures are necessary to ensure compliance with the laws.
14. Dispute Resolution
14.1 BINDING ARBITRATION
Hermine.ai and the customer agree that all disputes arising out of or in connection with these Terms and Conditions, to the extent permitted by law, shall be settled by arbitration, excluding ordinary legal recourse. The arbitration will take place at the headquarters of hermine.ai and will follow the rules of the German Institution of Arbitration e.V. (DIS) or another agreed-upon arbitration organization.
14.2 INFORMAL DISPUTE RESOLUTION
Before initiating arbitration, the parties will attempt to resolve the dispute amicably. For this purpose, the parties may consider mediation or agree on other informal dispute resolution mechanisms.
14.3 ARBITRATION PROCEEDINGS
The arbitration tribunal will consist of one or more arbitrators appointed in accordance with the rules of the chosen arbitration organization. The decisions of the arbitration tribunal are final and binding on both parties.
14.4 EXCEPTIONS AND WAIVER OF CLASS ACTIONS
Claims relating to the violation of privacy rights, intellectual property, or other inalienable rights may be brought before the competent ordinary courts. The parties waive the right to pursue claims in the form of class actions. Instead, claims must be pursued individually.
15. Changes to the Terms and Conditions and Policies
15.1 UPDATES
Hermine.ai reserves the right to update these Terms and Conditions and related policies to reflect changes in our services, for legal reasons, or due to changes in business practice. Changes will be announced at least 4 weeks before they take effect, either by a notice on our website or by direct communication with customers. Continued use of the services after the changes take effect constitutes consent to the updated Terms and Conditions, provided the customer does not object to the changes before they take effect.
15.2 EXCEPTIONS TO UPDATES
Should significant changes be made that substantially affect the rights or obligations of customers, hermine.ai will give customers the opportunity to object to the changes. If the customer does not agree to the changes, they have the right to terminate the contract before the changes take effect. Non-material changes that do not significantly affect the rights or obligations of customers can be implemented without such prior notice.
16. Miscellaneous
16.1 HEADINGS AND PURPOSE
The headings used in these Terms and Conditions are for readability and structuring purposes only and should not influence the interpretation of the subsequent clauses. They are intended to facilitate the location of sections and do not contribute to the interpretation of the contractual text.
16.2 FEEDBACK
Hermine.ai greatly appreciates feedback from its customers and users. Any feedback, comments, or suggestions received by hermine.ai in connection with the services may be used by us without restriction or obligation to compensate. We reserve the right to use such feedback to improve our services and products.
16.3 PUBLIC RELATIONS
With prior written consent from the customer, hermine.ai is entitled to use the customer's name and company logo for advertising purposes.
16.4 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between hermine.ai and the customer and supersede all prior agreements, representations, and understandings, both oral and written. Amendments or supplements to these Terms and Conditions must be in writing.
16.5 RELATIONSHIP OF THE PARTIES
The parties to this contract are independent contractors. Neither party has the authority to act on behalf of the other party or to incur obligations that would bind the other party.
16.6 FORCE MAJEURE
Hermine.ai is not obligated to perform services if non-performance is due to circumstances beyond the reasonable control of hermine.ai, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In such cases, hermine.ai will inform customers as soon as possible and strive to resume services within a reasonable timeframe.
16.7 NOTICES
All notices required under these Terms and Conditions must be in writing. A notice is considered delivered when sent by email or postal mail to the last known address of the respective party.
16.8 JURISDICTION AND APPLICABLE LAW
These Terms and Conditions are governed by the law of the Federal Republic of Germany. The exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions is the business location of hermine.ai, to the extent permitted by law.
17. Sanctions and Indemnification
17.1 SANCTIONS
In the event of violations of these Terms and Conditions, hermine.ai reserves the right to impose appropriate sanctions. This can range from a warning to the temporary restriction of the use of services to the permanent blocking of access. The specific sanction will be determined based on the severity of the violation and taking into account the circumstances of the individual case.
17.2 INDEMNIFICATION
The customer agrees to indemnify hermine.ai from all claims, including claims for damages, costs, and fees for legal advice, that third parties may assert against hermine.ai due to actions, omissions, or violations of the customer against these Terms and Conditions or applicable law. This indemnification obligation continues even after the termination of this contract.
18. Assignment and Severability
18.1 ASSIGNMENT
The rights and obligations of the customer under the contract with hermine.ai are personal and may not be assigned or transferred to third parties without the prior written consent of hermine.ai. Hermine.ai reserves the right to transfer its rights and obligations under this contract to affiliated companies or in the event of a corporate restructuring or sale.
18.2 SEVERABILITY
If any provision of these Terms and Conditions is wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation that comes closest to the economic purpose of the original provision.