Terms of Service

1.1 Provider

These Terms of Service govern the use of the OATDA platform, operated by Webentwicklung Christian Scheidler, Von Thürheim Strasse 58, 89264 Weißenhorn, Germany (hereinafter "OATDA" or "we"). OATDA provides an API aggregation platform through which users can access various AI language models (such as GPT-4, Gemini, Claude - individually "Model" or collectively "Models") as well as image and video generation services.

1.2 Application

These Terms apply to all services that can be obtained through the OATDA platform, including web interface and API access.

1.3 Individual Agreements

Separately concluded agreements for specific services take precedence over these general terms, unless they expressly refer to these Terms of Service.

1.4 Exclusion of Customer Terms

The user's own terms and conditions do not apply, even if we do not explicitly object to them. Deviating terms of the user only become part of the contract if we have expressly accepted them in writing.

2.1 Nature of Service

OATDA provides an aggregation platform that enables access to various external AI services. Users can choose between different model providers and access their APIs through our unified interface. The platform supports both text processing and image and video generation. Users' own API keys for specific providers can be integrated.

2.2 Web Research Function

Additionally, we offer a function where search results from the internet are evaluated and summarized using AI models.

2.3 Technical Provision

We provide the platform as Software-as-a-Service. The infrastructure is located in data centers within the EU, unless otherwise agreed. Access occurs via standard internet connections. A functional internet connection on the user's side is a prerequisite for use.

2.4 External Service Providers

The AI models accessible through our platform are operated by independent third-party providers. We have no influence over their technical design, availability, or scope of services. Changes or failures at these providers may affect our service without us being liable for this.

2.5 Special Termination Right in Case of Service Disruptions

If the availability of one or more models is permanently restricted and this significantly impairs the usability of our platform, you may terminate extraordinarily with seven days' notice. Already paid credits will be refunded proportionally for unused services, minus services already used. This does not apply if the disruption is based on your direct contractual relationship with the affected model provider.

2.6 Development

We are obligated to maintain and update the platform to the extent that this corresponds to the current state of technology. Changes or extensions beyond this only occur on a separate contractual basis.

3.1 Registration Requirement

Using our services requires the creation of a user account.

3.2 Data Currency

You assure that all data you provide is correct and complete. Changes to this data, especially contact and billing information, must be updated immediately in your account.

3.3 Access Data Protection

Your access credentials are to be treated confidentially. Disclosure to third parties is not permitted. Exceptions are employees or authorized persons for whom you have purchased corresponding licenses.

5.1 Availability Target

We strive for platform availability of 99% on average per month.

5.2 Definition of Unavailability

Only complete inaccessibility due to circumstances within our responsibility constitutes downtime. Your own operating errors or planned maintenance windows according to section 5.3 do not count as downtime.

5.3 Maintenance Work

We may temporarily restrict access for maintenance work. Planned maintenance will be announced to you at least one week in advance and preferably takes place on weekends between 0:00 and 7:00 AM. The total monthly duration may not exceed 24 hours.

5.4 Fault Reporting

In case of technical problems, please inform us immediately in writing with a detailed description. We respond to proper reports within one business day with a qualified statement on the cause and planned measures. For minor disruptions, the response time may be longer.

5.5 Fault Definition

A fault exists when the platform does not fulfill the contractually guaranteed functions and this lies within our area of responsibility.

5.6 External Model Availability

We do not guarantee the availability of external AI services. This section 5 refers exclusively to our own infrastructure.

5.7 Exceptions

In self-managed hosting models, the availability regulations of this section do not apply.

6.1 Granted Rights

We grant you a time-limited, revocable, non-exclusive, and non-transferable right to use the platform within the contractually agreed scope. This right ends upon termination of the contractual relationship.

6.2 Scope of Use

The platform may only be used for your own purposes within the agreed framework.

6.3 Prohibited Actions

The following is prohibited: commercial redistribution or subletting of the platform; development of competing services using our platform; activation of unlicensed functions; transfer of usage rights without our consent; decompilation or reverse engineering outside legal limits; circumvention of protective measures; removal or alteration of copyright notices.

7.1 Rights to Content

You grant us the non-exclusive right to process your uploaded content (including prompts, files, generated images and videos) to the extent necessary for service provision and to forward it to the model providers you have selected. We do not acquire any further rights. You remain the rights holder and bear responsibility for your content.

7.2 Permissibility of Content

You may only use content for which you have the necessary rights, which does not violate the rights of third parties, and which is not illegal, glorifying violence, racist, discriminatory, or pornographic. This also applies to websites you integrate through our integration.

7.3 Prohibited Forms of Use

Prohibited are: automated extraction (scraping) of content; use of bots or automated tools to simulate human activity; use for high-risk AI systems within the meaning of EU AI Regulation Art. 6.

7.4 Usage Limits

To ensure system stability, rate limits apply to requests. Details can be found in our Fair Use Policy.

7.5 Model Provider Terms

Additional terms of use from providers may apply to individual models (e.g., Google Cloud Platform Use Policy). You are responsible for compliance with these terms. Violations may result in exclusion from use without us being liable for this.

7.6 Indemnification

You indemnify us from third-party claims asserted against us due to your content or your platform use, unless we caused these intentionally or through gross negligence. This includes reasonable legal defense costs.

7.7 Data Backup

You are responsible for backing up your data.

7.8 Access Protection

You take appropriate precautions to protect your account from unauthorized access by third parties.

8.1 Compensation Model

When topping up credit, we charge a service fee between a minimum of USD 0.80 and a maximum of 5.5% of the amount topped up. Payment is due immediately upon top-up. Invoices are to be paid within 14 days.

8.2 Currency and Exchange Rates

All amounts are in US Dollars (USD), net prices. Costs charged to us by model providers in foreign currency are converted at the European Central Bank exchange rate at month-end.

8.3 Invoicing

We transmit invoices electronically by email, unless otherwise agreed.

8.4 Set-off Prohibition

Set-off is only permitted with undisputed or legally established counterclaims, except for counterclaims from the same contractual relationship.

8.5 Price Adjustments

We reserve the right to adjust prices in case of significant cost changes, particularly changes in provider prices, operating costs, or statutory charges. We notify you of price changes at least 30 days in advance. For increases exceeding 10%, you may terminate extraordinarily with four weeks' notice.

9.1 Defect Rights

In case of defects, the statutory provisions §§ 536 ff BGB apply. We exclude strict liability for initial defects according to § 536a BGB. Defects must be reported to us immediately in writing.

9.2 Subsequent Performance

We remedy defects at our discretion through repair or replacement performance.

9.3 Right to Terminate

Termination according to § 543 Para. 2 S. 1 No. 1 BGB is only possible after unsuccessful expiration of a reasonable period for defect remediation.

9.4 External Factors

We assume no warranty for your internet access and your local systems.

9.5 AI-Generated Content

We have no influence over the accuracy and completeness of AI-generated outputs and assume no warranty for this. You should not rely on the correctness without verifying the results. Even plausible-sounding answers may be incorrect. Information may be outdated or incomplete, particularly regarding events after the training date of the respective model. This applies correspondingly to the web research function.

10.1 Unlimited Liability

In case of intent and gross negligence, we are liable without limitation according to statutory provisions.

10.2 Limited Liability

Otherwise, we are only liable for breach of essential contractual obligations (cardinal obligations), whose fulfillment enables proper execution, and only for foreseeable, contract-typical damages. In all other cases, liability is excluded, unless section 10.3 provides otherwise.

10.3 Mandatory Liability

Liability for personal injury and under the Product Liability Act remains unaffected by the above limitations.

10.4 Vicarious Agents

Liability limitations also apply to our employees and vicarious agents.

10.5 Statute of Limitations

Claims for damages become time-barred after one year, except for cases under sections 10.1 and 10.3.

10.6 Third-Party Provider Liability

In case of damages caused by model providers, our liability is limited to the assignment of our claims against them, insofar as their terms permit this. If you are yourself a contracting party of the provider, our liability is completely eliminated.

11.1 Grounds for Suspension

We may temporarily or permanently suspend your access if there are concrete indications of violations of these Terms or applicable law. In making this decision, we appropriately consider your interests. In case of repeated violations despite warnings, we may permanently suspend.

11.2 Notification

We notify you of suspensions by email.

11.3 Reactivation

After temporary suspension, reactivation occurs automatically upon removal of the grounds. Permanently suspended accounts cannot be restored. In case of permanent suspension, you are excluded from use and may not register again. We are entitled to terminate the contractual relationship extraordinarily.

11.4 Content Deletion

We may delete content that violates section 7 if you do not do so yourself within a reasonable period after being requested to do so.

12.1 Access Authorization

You can use our platform by purchasing credits for the use of AI services.

12.2 Termination Without Notice

The right to extraordinary termination for good cause remains unaffected. Good causes for us include in particular: your insolvency or over-indebtedness; insolvency petition regarding your assets; payment default of two consecutive monthly amounts or an amount corresponding to two monthly amounts.

12.3 Form

Terminations require written form (letter or email).

13.1 Data Protection

Insofar as we process personal data for you, we are deemed a processor according to Art. 28 GDPR. Upon contract conclusion, the data processing agreement is automatically concluded.

14.1 Definition

Confidential information is all information (regardless of form) that one party discloses to the other. This includes in particular: trade secrets, software details, source code, processes, algorithms, inventions, business relationships, strategies, plans, prices; information marked as confidential or recognizably confidential.

14.2 Exceptions

Not confidential are information that was already publicly known or later becomes lawfully public; that is transmitted by authorized third parties without violation of confidentiality obligations.

14.3 Obligations

Both parties commit to: strict confidentiality; use only for contractual purposes; disclosure only to employees with a mandatory need to know; appropriate protective measures; return or destruction after contract end within ten days, unless retention obligations exist.

14.4 Trade Secrets

Even information that does not meet the requirements of the Trade Secrets Act is subject to these confidentiality obligations.

14.5 Survival

Confidentiality obligations continue after contract end.

15.1 Right to Change

We reserve the right to make changes to services and Terms insofar as this is necessary to adapt to unforeseeable technical or legal developments, including changes at model providers or third-party services. Your interests are appropriately considered. Feature expansions, particularly new models or integrations, are possible at any time.

15.2 Entry into Force

We notify you of changes by email. If you do not object within four weeks, they are deemed accepted. In case of objection, we may terminate with two weeks' notice, provided we have pointed out this legal consequence in the change notification.

15.3 Limits

Substantial changes to the subject matter or main contractual obligations are excluded from this authority. In such cases, we will submit an offer for contract continuation under new conditions.

16.1 Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

16.2 Jurisdiction

Place of jurisdiction is Ulm, Germany. We may also sue you at your place of residence. Mandatory jurisdictions remain unaffected.

16.3 Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining provisions.

16.4 Language Version

Only the German version is authoritative. Translations serve informational purposes only.