Fassung 2026-08.1 · Stand: 25. August 2026 (Version 2026-08.1, as of 25 August 2026)
Maßgeblich ist die deutsche Fassung. Die englische Fassung dient der Verständigung. / The German version prevails. The English version is provided for convenience. The prevailing German version is available at hybridai.one/terms?lang=de.
These General Terms and Conditions (GTC) cover the services of HybridAI GmbH, Im Mediapark 5, 50670 Cologne, Germany (provider) within the application "HybridAI" or "HaiChat.life" for customers who are not consumers as defined by § 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.
Our service is designed to be used in educational settings without the need to process personal data. We therefore recommend that, when used by minors – especially in classroom environments – no personal data (e.g., name, address, email) is entered.
Should the processing of personal data be required in individual cases, it must be ensured that appropriate consent has been obtained from the legal guardians if the user is under the age of 16.
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 applicable data protection law, in particular the General Data Protection Regulation. 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.
Where the Provider processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR; that agreement forms part of the contract. The main contract within the meaning of that agreement consists of these General Terms and Conditions together with the respective order.
7.1 Defect rights. The statutory warranty provisions of German tenancy law apply to the provision of the contractual services unless otherwise provided in this Section 7. The Provider's no-fault liability under § 536a (1) first alternative BGB for defects already existing at the time of conclusion of the contract is excluded. Section 8 applies to claims for damages based on defects.
7.2 Notice of defects. The Customer shall notify the Provider of defects without undue delay after discovery in a comprehensible form and shall support the Provider to a reasonable extent in identifying and analysing the defect.
7.3 Cure. The Provider shall remedy defects within a reasonable period. It may also remedy a defect by providing the Customer with a reasonable workaround, provided that the contractual use of the services is not more than insignificantly impaired as a result.
7.4 Exclusion. There are no defect claims for disruptions caused by non-contractual use, by interventions of the Customer or third parties, or by circumstances outside the Provider's sphere of responsibility (e.g. failures of the Customer's own hardware, software or internet connection). The availability commitment under Section 3 remains unaffected.
7.5 Guarantees. The Provider assumes guarantees in the legal sense only where it has expressly designated them as such in writing.
8.1 Unlimited liability. The Provider is liable without limitation (a) for intent and gross negligence, (b) for fraudulent concealment of a defect and to the extent of any guarantee or procurement risk assumed, (c) for damages arising from injury to life, body or health, (d) under the German Product Liability Act, and (e) where liability is mandatory by law.
8.2 Simple negligence. In all other respects, the Provider is liable in cases of simple negligence only for the breach of an essential contractual duty. Essential contractual duties are those whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely. In such cases liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract. Any further liability for simple negligence is excluded.
8.3 Amount. The parties agree that the foreseeable damage typical for this type of contract does not, per damage event, exceed the higher of the following amounts: 100 % of the net remuneration paid by the Customer in the twelve months preceding the event causing the damage, or EUR 25,000. It amounts to no more than EUR 250,000 per damage event and no more than EUR 500,000 in aggregate per calendar year. Several damage events based on the same cause, or on several causes of the same kind with an internal connection, shall be deemed one damage event.
8.4 Loss of data. Liability for loss of data is limited to the typical restoration effort that would have been incurred had the Customer made backup copies regularly and in a manner appropriate to the risk. Section 8.1 remains unaffected.
8.5 Outputs of AI models. The Provider owes the provision and operation of the platform and the agreed mediation to connected AI models. It does not owe the substantive accuracy, completeness or suitability of the outputs generated by those models. The Customer shall ensure that outputs are reviewed by qualified persons before being used in ways from which legal, economic or health-related consequences follow. The Provider is not liable for damages resulting from the Customer's unreviewed use of an output; Section 8.1 remains unaffected.
8.6 Relationship to the data processing agreement. Liability for breaches of data protection obligations is governed primarily by § 12 of the data processing agreement. The liability caps under Section 8.3 and under § 12 of the data processing agreement do not apply cumulatively; the Provider's total liability is limited to EUR 1,000,000 per calendar year. Section 8.1 remains unaffected.
8.7 Free services. For services provided free of charge, in particular test and trial access, the Provider is liable only in accordance with Section 8.1. There is no liability for simple negligence in this respect.
8.8 Personal scope. The limitations of liability in this Section 8 also apply for the benefit of the Provider's legal representatives, employees, agents and sub-contractors.
8.9 Limitation period. The Customer's claims for damages become time-barred one year after the statutory limitation period begins. This does not apply to claims under Section 8.1 (a) to (d) or to claims regarding defects fraudulently concealed by the Provider.
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.
Fassung 2026-08.1 · Stand: 25. August 2026 (Version 2026-08.1, as of 25 August 2026) — permanently archived at / dauerhaft archiviert unter hybridai.one/terms/2026-08-1.