Provider:
Flynnt UG (haftungsbeschränkt)
Museumstraße 31
22765 Hamburg, Germany
Contact:
Support Email: support@apertus.ai
General Email: info@apertus.ai
Web: https://apertus.ai
§ 1 Scope and Subject Matter
(1) Scope of Application
These Terms of Service apply to all business relationships between Flynnt UG (haftungsbeschränkt) (“apertus”) and the Customer regarding the use of the apertus.ai Platform. The offer is exclusively directed at business entities (entrepreneurs within the meaning of § 14 German Civil Code).
(2) Subject Matter of Services
Apertus provides a Managed AI Infrastructure Platform (PaaS). This includes AI endpoints (inference), application hosting, databases (Knowledge Hives), and dedicated clusters. The specific characteristics are set forth in the service description on the website.
(3) Early Stage & Beta Status
The Customer acknowledges that the Platform is in an early development and growth phase (“Early Stage”). Despite high standards of care, changes to functionalities, maintenance windows, or temporary impairments may occur more frequently than with established software. This has been taken into account in the pricing and does not constitute a defect, provided that core functionality is not permanently eliminated.
(4) Third-Party Services
To the extent that apertus provides access to third-party models (e.g., open source models, LLM providers) or third-party infrastructure (Hetzner, OVH), their availability shall constitute a limitation of apertus’s own performance obligation.
§ 2 Contract Formation and Term
(1) Contract Formation
The contract is formed through online registration and subsequent activation of the account by apertus. Apertus reserves the right to decline contract formation without stating reasons.
(2) Contract Term
There is no minimum contract term. The Customer may terminate the contract at any time. Apertus may terminate the contract with 30 days’ notice to the end of the month.
(3) Consequences of Termination
Upon termination of the contract:
- Access to the Platform will be deactivated
- Stored Customer content will be available for download for 30 days
- After 30 days, this data will be irrevocably deleted
- Billing will occur up to the termination date
The Customer is obligated to download all required data prior to termination.
§ 3 Availability & Service Level
(1) Target Availability
Apertus aims for Platform availability of 99% on an annual average basis. This is a target figure and not a legal guarantee.
(2) Maintenance
Planned maintenance will be announced whenever possible. Due to the Early Stage status, urgent updates (“hotfixes”) may also be implemented on short notice to ensure security or stability.
§ 4 Usage Rights & Data Sovereignty (IP)
(1) Customer Content (Inputs & Outputs)
The Customer retains all rights to its data (“Inputs”) and generated results (“Outputs”).
(2) Usage Rights for apertus
Apertus receives only the technical right to process, store, and transmit this data to the extent necessary for providing the service.
(3) NO Training
Apertus does not use Customer data for training or improving base AI models unless explicitly agreed otherwise.
§ 5 Customer Obligations & Compliance
(1) Lawful Use
The Customer warrants not to use the Platform for unlawful purposes (e.g., spam, malware, hate speech, illegal content).
(2) EU AI Act & Labeling
The Customer is responsible for labeling generated content in accordance with applicable regulations (e.g., EU AI Act) where required (e.g., disclosure of AI generation to end users).
(3) Critical Infrastructure (High Risk)
Use for high-risk systems (e.g., medical devices, weapons control, critical infrastructure) where errors could result in bodily harm, loss of life, or catastrophic damage is prohibited or occurs at the Customer’s sole risk.
(4) Indemnification
The Customer shall indemnify and hold apertus harmless from all third-party claims arising from unlawful use or violation of these Terms of Service. This includes legal fees, court costs, and damages. The indemnification obligation does not apply if the Customer proves proper use of the service.
§ 6 Pricing & Payment
The current prices in the Dashboard shall apply. Billing occurs monthly. Invoices are due within 14 days. In case of payment default, apertus is entitled to suspend access.
§ 7 Liability
(1) Unlimited Liability
Apertus is liable without limitation for intentional misconduct, gross negligence, and personal injury.
(2) Limited Liability
For simple negligence, apertus is liable only for breach of material contractual obligations. In such cases, liability is limited to the amount of fees paid by the Customer in the preceding 12 months.
(3) AI-Specific Liability
Apertus provides no warranty regarding the factual accuracy, freedom from “hallucinations,” or bias of AI models. The Customer must review Outputs before use.
§ 8 Data Protection
(1) General Data Protection Regulation
The separate Data Processing Agreement (DPA) pursuant to Article 28 GDPR shall apply. The contact person for data protection matters is privacy@apertus.ai.
(2) Security Incidents
In the event of security incidents (e.g., data breach, unauthorized access), apertus will notify affected Customers without undue delay, but no later than within 72 hours pursuant to Article 33 GDPR. The notification will contain details regarding the nature, scope, and possible consequences.
§ 9 Final Provisions
(1) Amendments
Apertus may amend these Terms of Service. If the Customer does not object within 14 days after receipt of the amendment (via email), the amendment shall be deemed accepted. Apertus will expressly point out the right to object and the legal consequences of silence in the amendment notification. In case of objection, apertus is entitled to terminate the contractual relationship.
(2) Applicable Law & Jurisdiction
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Hamburg.
(3) Severability Clause
Should any provision of these Terms of Service be invalid, the validity of the remaining provisions shall remain unaffected.
End of Terms of Service
Flynnt UG (haftungsbeschränkt)
Product: apertus.ai
Museumstraße 31
22765 Hamburg
Email: support@apertus.ai
Web: https://apertus.ai