Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of AgentGrid, an AI agent platform operated by Nepomuk Software GmbH & Co. KG ("Company," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our services.

2. Description of Service

AgentGrid provides a platform for creating, deploying, and managing AI-powered conversational agents ("Service"). The Service includes but is not limited to:

• AI agent creation and configuration tools
• Integration capabilities with various platforms
• Conversation processing and management
• Analytics and reporting features
• API access and developer tools

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 16 years old to create an account
• One person or entity may not maintain multiple accounts without our consent

3.2 Account Responsibilities

• You are solely responsible for all activities under your account
• You must notify us immediately of any unauthorized use
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service for lawful business purposes in accordance with these Terms and applicable laws.

4.2 Prohibited Uses

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Use the Service for spam, phishing, or other malicious activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to compete with us or develop competing products
• Overload our infrastructure or attempt to disrupt the Service
• Share your account credentials with unauthorized parties

5. Content and Data

5.1 Your Content

• You retain ownership of content you provide to the Service
• You grant us a limited license to process your content as necessary to provide the Service
• You are responsible for ensuring you have rights to all content you provide
• You must not upload content that violates third-party rights or applicable laws

5.2 AI Processing

By using the Service, you acknowledge that:

• Your content may be processed by third-party AI providers
• AI responses are generated automatically and may not always be accurate
• You are responsible for reviewing and approving AI-generated content before use
• We do not guarantee the accuracy, completeness, or reliability of AI outputs

6. Billing and Payment

6.1 Fees and Billing

• Fees are based on usage and subscription plans as displayed on our platform
• All fees are non-refundable unless otherwise specified
• We may change our pricing with 30 days' notice
• Taxes are your responsibility unless otherwise indicated

6.2 Payment Terms

• Payment is due according to your selected billing cycle
• We may suspend service for overdue payments
• You authorize us to charge your payment method for applicable fees
• Disputed charges must be reported within 30 days

7. Service Availability and Performance

7.1 Service Modifications

• We may modify, update, or discontinue features at any time
• We will provide reasonable notice for material changes when possible
• Some modifications may be implemented immediately for security or legal reasons

7.2 Maintenance and Downtime

• We may perform scheduled maintenance with advance notice when possible
• Emergency maintenance may occur without prior notice
• We are not liable for any downtime or service interruptions

8. Intellectual Property

8.1 Our Rights

• AgentGrid and related trademarks are our property
• The Service software, algorithms, and infrastructure are protected by intellectual property laws
• You may not use our intellectual property without explicit permission

8.2 Third-Party Rights

The Service may include third-party software, APIs, or content. Your use of such components is subject to their respective terms and licenses.

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the data practices described in our Privacy Policy, including international data transfers to AI processing providers.

10. Disclaimers and Limitations

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement
• Accuracy, completeness, or reliability of AI-generated content
• Uninterrupted or error-free operation
• Security of data transmission or storage
• Compatibility with your systems or requirements

10.2 AI-Specific Disclaimers

• AI responses are generated by algorithms and may be inaccurate or inappropriate
• We do not endorse or verify AI-generated content
• You are solely responsible for reviewing and approving AI outputs
• AI performance may vary and is subject to third-party provider limitations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or AI provider limitations
• Your reliance on AI-generated content
• Unauthorized access to your account or data

12. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service or violation of these Terms
• Your content or data provided to the Service
• Your violation of any law or third-party rights
• Any AI-generated content you publish or distribute

13. Termination

13.1 Termination by You

• You may terminate your account at any time through your account settings
• Termination does not relieve you of payment obligations for services already provided
• We will delete your data according to our Privacy Policy

13.2 Termination by Us

• We may suspend or terminate your account for violations of these Terms
• We may terminate the Service entirely with 30 days' notice
• We may terminate immediately for legal or security reasons

13.3 Effect of Termination

• Your right to use the Service ends immediately
• Provisions regarding liability, indemnification, and dispute resolution survive
• We may retain certain data as required by law or legitimate business interests

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Hanau, Germany.

14.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to seek an informal resolution.

15. General Provisions

15.1 Changes to Terms

• We may update these Terms at any time with notice
• Material changes will be communicated via email or platform notification
• Continued use after changes constitutes acceptance

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

15.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

15.4 Assignment

We may assign these Terms without your consent. You may not assign your rights or obligations without our written consent.

16. Contact Information