Convenience translation for information purposes only. The legally binding version is the German original („Allgemeine Geschäftsbedingungen", privatai.com/agb). In case of any discrepancy, the German version prevails (Section 14 (4) of the German original).
Version: July 2026
(1) These General Terms and Conditions ("GTC") apply to all contracts between Artur Parutkin, Isestraße 35, 20144 Hamburg, Germany ("Provider"), and the customer concerning the use of the AI service PrivatAI (API and chat, together the "Service").
(2) "Customer" means any contractual partner of the Provider. "Consumer" means a Customer within the meaning of Section 13 of the German Civil Code (BGB); "Entrepreneur" means a Customer within the meaning of Section 14 BGB.
(3) Deviating or supplementary terms and conditions of the Customer do not become part of the contract, even if the Provider does not expressly object to them.
(1) The Provider gives the Customer access to the AI language models made available from time to time. The Service comprises:
(2) The scope of the selected plan, in particular usage quotas and rate limits, follows from the plan overview on privatai.com in the version applicable at the time the contract is concluded; it forms part of the contract. It applies for the entire duration of the contract including all renewals under § 11 (1); changes are governed by § 12.
(3) Processing takes place exclusively within the European Union: platform hosting in Germany (Hetzner), AI inference in France (Scaleway). The Customer's inputs ("Inputs") and the generated outputs ("Outputs") are neither stored nor logged nor used for training or improving AI models. The sole exception is the temporary retention of individual requests by the inference data centre for abuse and malfunction analysis in security cases; details are governed by the Data Processing Agreement (§ 10 (3)) and the technical and organizational measures incorporated therein. Operation of the AI inference in a German data centre may be agreed as part of the separately agreed Enterprise setup.
(4) The Provider may replace or add individual AI models provided that the essential scope of the selected plan is preserved and the change is reasonable for the Customer. Any further changes to the Service are governed by § 12.
(1) The contract is concluded when the Customer registers on the website, completes the order process via the order button and the payment is successfully completed via the payment service provider Stripe. The Customer receives a contract confirmation in text form; API keys are created and managed by the Customer in the Customer's own account.
(2) These GTC become part of the contract upon its conclusion. For Entrepreneurs, the Data Processing Agreement under § 10 (3) additionally becomes part of the contract.
(1) The price of the plan selected by the Customer as shown in the plan overview on privatai.com applies. The prices shown are final prices and include the applicable statutory value-added tax.
(2) Payment is made monthly in advance via Stripe. The billing period begins on the day of the first payment.
(3) Price changes are governed exclusively by § 12 (2). The Provider has no unilateral right to change prices.
(1) The Customer is obliged
a) to keep API keys and access credentials confidential and not to pass them on to third parties,
b) not to use the Service for unlawful purposes and not to generate or distribute content that violates applicable law or the rights of third parties,
c) not to carry out attacks on the Service, not to overload the Service and not to circumvent technical limitations.
(2) If the Customer discovers misuse of an API key, the Customer deletes the affected key without undue delay in the Customer's own account or informs the Provider without undue delay in text form; in the latter case the Provider blocks the affected key without undue delay. The Customer remains free to create new API keys as long as no suspension under paragraph 3 is in place.
(3) In the event of a serious breach of paragraph 1 or of a concrete danger to the security or availability of the Service or to the rights of third parties, the Provider may suspend access immediately. In the event of other breaches, the Provider may suspend access only after the Customer has failed to comply with a request for remedy in text form within a reasonable period. The Provider informs the Customer of the reason and expected duration of the suspension in text form and lifts the suspension without undue delay once its reason has ceased to exist.
(4) If the Customer is responsible for the suspension, the Customer's payment obligation continues for the duration of the suspension.
(5) The right of both parties to terminate for good cause (Section 314 BGB) remains unaffected.
If the Customer culpably uses the Service in breach of § 5 (1) and third parties assert claims against the Provider as a result, the Customer indemnifies the Provider against such claims including the reasonable costs of legal defence. The Provider informs the Customer without undue delay in text form of any such claim, leaves the defence to the Customer upon request to the extent legally possible, and neither acknowledges any claim nor concludes any settlement without the Customer's consent. Further statutory claims of the Provider remain unaffected.
(1) The Provider owes an availability of the Service of 98.0 % on a monthly average.
(2) The following do not count as downtime: periods of planned maintenance announced by the Provider, where possible at least 48 hours in advance, and periods during which the Service is unavailable due to force majeure.
(3) The Customer's statutory rights in the event of defects remain unaffected.
(1) Rights to Inputs remain with the Customer. The Provider uses Inputs exclusively to provide the Service (§ 2 (3)) and claims no rights to them.
(2) The Provider claims no rights to Outputs. To the extent that rights to Outputs arise in favour of the Provider, the Provider grants the Customer a free-of-charge, unrestricted (in time and territory), transferable right of use.
(3) The Customer is responsible for verifying whether the Customer's use of Outputs infringes third-party rights. § 9 (5) remains unaffected.
(1) The Provider is liable without limitation for damage resulting from injury to life, body or health, for damage caused intentionally or by gross negligence, and under the German Product Liability Act.
(2) In cases of slight negligence, the Provider is liable only for damage resulting from the breach of material contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Customer may regularly rely), limited in amount to the damage typical for this type of contract and foreseeable at the time the contract was concluded.
(3) Vis-à-vis Entrepreneurs, the parties mutually assume that the typical, foreseeable damage within the meaning of paragraph 2 does not exceed, per damage event, the total fees paid by the Customer in the twelve months preceding the event giving rise to the damage.
(4) Any further liability of the Provider is excluded. Liability under paragraphs 1 to 3 remains unaffected by the following examples. On that basis, the following are in particular not recoverable — in each case to the extent that no liability exists under paragraphs 1 to 3 —: damage resulting from a disclosure or insecure storage of the API key for which the Customer is responsible, damage from outages caused by force majeure, and damage from decisions taken by the Customer on the basis of Outputs.
(5) Outputs are generated automatically by AI models and do not constitute professional advice (in particular no legal, medical or financial advice). AI models may generate incorrect, incomplete or misleading content; the correctness, completeness or suitability of Outputs for a particular purpose is not an agreed characteristic of the Service. The Customer reviews Outputs before using them; for decisions of significant consequence, the Customer obtains qualified professional advice.
(6) The Provider's strict (no-fault) liability for defects already existing at the time the contract was concluded (Section 536a (1), first alternative, BGB) is excluded.
(1) Information on the processing of personal data by the Provider as controller is contained in the privacy policy at privatai.com/datenschutz.
(2) Inputs and Outputs are neither stored nor logged nor used for training or improving AI models (§ 2 (3)).
(3) Where the Customer, acting as an Entrepreneur, processes personal data via the Service for which the Customer is the controller within the meaning of the GDPR, the Provider's Data Processing Agreement pursuant to Art. 28 GDPR, including its annexes, additionally applies (available at privatai.com/avv, version July 2026); it becomes part of the contract upon conclusion of the contract. In the event of a conflict, the Data Processing Agreement prevails over these GTC in data protection matters.
(1) The contract has a term of one month and is renewed for successive one-month periods unless terminated.
(2) The Customer may terminate at any time with effect from the end of the current billing period: via the Stripe customer portal or in text form to artur@privatai.com.
(3) The Provider may terminate with 30 days' notice to the end of a billing period.
(4) The right to terminate for good cause remains unaffected.
(5) Fees for the current billing period are not refunded. The following remain unaffected: the refund of unused budget in the event of withdrawal (§ 13), refund claims of the Customer in the event of extraordinary termination for a reason for which the Provider is responsible, and mandatory statutory claims.
(1) Immaterial and legally required changes. The Provider may amend these GTC where the amendment is required by a change in the law or in supreme-court case law, serves to adapt to new or changed technical circumstances, concerns additional functions or services, or is merely clarifying or neutral or advantageous for the Customer, and does not affect the ratio of performance and consideration to the Customer's detriment. The Provider notifies the Customer of such amendments at least 30 days before they take effect, in text form (e.g. by email), expressly indicating the right to object, the deadline and the significance of silence. If the Customer does not object before the amendment takes effect, the amendment is deemed accepted. If the Customer objects, the previous terms continue to apply; the ordinary right of termination (§ 11) remains unaffected.
(2) Material changes. Amendments affecting the ratio of performance and consideration — in particular changes to prices or to the essential scope of the Service (principal performance obligations) — take effect only with the Customer's express consent. The Customer's silence does not constitute consent in this respect. If the Customer does not consent, the previous terms continue to apply; in that case the Provider may terminate the contract with 30 days' notice to the end of the current billing period.
(3) Right of termination. The Customer's right to terminate the contract at any time with effect from the end of the current billing period (§ 11) remains unaffected by the foregoing provisions.
Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession.
You have the right to withdraw from this contract within fourteen days of its conclusion without giving reasons. To exercise the right of withdrawal, an unambiguous declaration suffices, e.g. by email to artur@privatai.com.
Early commencement of performance: By concluding the contract, you expressly request that we begin performing the service before the withdrawal period expires, so that you can use the Service immediately.
Compensation for value in the event of withdrawal: If you withdraw after having already used the Service, you owe reasonable compensation for the service used up to the withdrawal. This is measured by the usage budget consumed up to the withdrawal. Unused budget is refunded proportionately.
Consequences of withdrawal: In the event of withdrawal, the Provider refunds all payments received from the consumer, less the compensation for the service provided up to the withdrawal, without undue delay and at the latest within fourteen days of receipt of the withdrawal declaration. For the refund, the Provider uses the same means of payment as in the original transaction, unless expressly agreed otherwise; in no case will the consumer be charged any fees for the refund.
(If you wish to withdraw from the contract, please complete this form and return it.)
To: Artur Parutkin, Isestraße 35, 20144 Hamburg, Germany, email: artur@privatai.com
I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service (*):
— Ordered on () / received on (): … — Name of consumer(s): … — Address of consumer(s): … — Signature of consumer(s) (only for notification on paper): … — Date: …
(*) Delete as applicable.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for all disputes is Hamburg, provided the Customer is a merchant (Kaufmann) or has no general place of jurisdiction in Germany.
(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.
(4) The contract language is German. Where the Provider makes translations available, they are for information only; the German version is authoritative.