General Terms and Conditions (GTC) for the Use of the Ontoworks AI Platform

1. Scope

1.1 These General Terms and Conditions ("GTC") apply to the use of the Ontoworks AI platform, provided by Ontoworks UG, Balanstraße 226, Munich ("Ontoworks"), as Software-as-a-Service (SaaS) via the website.

1.2 The Ontoworks AI platform allows the creation of AI-generated animations and is available to both consumers and businesses.

1.3 Deviating terms and conditions of the customer will not be recognized unless Ontoworks expressly agrees to their applicability in writing.

2. Conclusion of Contract

2.1 The use of the Ontoworks AI platform requires the customer to register on the website.

2.2 The contract is concluded through confirmation of registration and acceptance of the GTC by the customer. By using the software, the customer agrees to these GTC.

2.3 The customer warrants that the information provided during registration is complete and truthful. Changes to personal data must be updated immediately in the account settings.

3. Services of Ontoworks

3.1 Ontoworks provides a platform for the creation of AI-generated animations. Use of the platform is based on either a pay-per-video model or a subscription.

3.2 Ontoworks grants the customer access to the platform within the technical and operational possibilities. However, there is no entitlement to constant availability of the platform.

3.3 Ontoworks reserves the right to modify, discontinue, or expand the services offered, provided that such changes are reasonable for the customer.

4. Registration and User Account

4.1 In order to use the Ontoworks AI platform, the customer must create a user account. Truthful information must be provided during registration.

4.2 The customer is required to keep their login credentials confidential and protect them from third-party access. Ontoworks is not liable for any damages resulting from unauthorized use of the customer's account unless Ontoworks is at fault.

4.3 The customer is responsible for ensuring that their user account is used only by them. Sharing login credentials with third parties is prohibited.

5. Use of the Platform and Rights

5.1 Ontoworks grants the customer a simple, non-transferable right to use the Ontoworks AI platform. This usage right is limited to the term of the contract.

5.2 The content created by the customer remains the property of the customer. However, Ontoworks receives the right to use the content for support and development purposes, if necessary.

5.3 The customer may only use the Ontoworks AI platform for the agreed contractual purposes. Misuse, including the use of the platform for unlawful content, is prohibited.

6. Payment Terms

6.1 Use of the Ontoworks AI platform is based on either a pay-per-video billing or a subscription model. The respective prices are stated on the website.

6.2 Payment is made using the payment methods provided. All prices include the statutory VAT, where applicable.

6.3 The customer undertakes to keep the payment information provided during registration up to date and to ensure that the specified payment method is valid.

6.4 In the event of payment default, Ontoworks reserves the right to suspend access to the platform until all outstanding amounts have been paid.

7. Duration and Termination of the Contract

7.1 The contract is concluded with the registration and use of the platform and is open-ended.

7.2 The customer may cancel the subscription at any time at the end of the respective billing period. The cancellation must be made in writing or by email.

7.3 Ontoworks may terminate the contract with a notice period of 14 days. The right to extraordinary termination for good cause remains unaffected.

7.4 Upon termination of the contract, the customer’s user account will be deactivated. Ontoworks reserves the right to delete all content created by the customer after a reasonable period.

8. Liability

8.1 Ontoworks is liable only for intent and gross negligence. In the case of slight negligence, Ontoworks is liable only for breaches of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the customer regularly relies.

8.2 Liability for lost profits or indirect damages is excluded, unless Ontoworks has provided a guarantee for the quality of the performance.

8.3 Liability for damages resulting from injury to life, body, or health remains unaffected.

9. Data Protection

9.1 The collection, processing, and use of personal data is carried out in accordance with the Ontoworks Privacy Policy, which can be viewed on the website.

9.2 Ontoworks undertakes to comply with data protection regulations and to collect, process, and use the personal data of customers only to the extent necessary.

10. Amendments to the GTC

10.1 Ontoworks reserves the right to change these GTC at any time. Changes will be communicated to the customer in an appropriate manner, particularly via email.

10.2 If the customer does not object to the amended GTC within 14 days of notification, the amended GTC shall be deemed accepted. Ontoworks will specifically inform the customer of the significance of the deadline and the consequences of remaining silent.

11. Final Provisions

11.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the statutory regulation that comes closest to the economic purpose of the invalid provision shall apply.

11.3 The place of jurisdiction for all disputes arising from or in connection with these GTC is, to the extent legally permissible, the registered office of Ontoworks.