General Terms and Conditions (GTC) of Petanux GmbH for AI Products and AI Services 

Version 1.2 Status: December 15, 2025 

§1 Scope & Subject Matter of the Contract 

(1) These General Terms and Conditions (“GTC”) apply to all contracts, offers, and services provided by Petanux GmbH, Godesberger Allee 73, 53175 Bonn (“Petanux”) to its customers. (2) The GTC apply to all products and services of Petanux, including—but not limited to: 

AI software and AI models (e.g., PetaGPT, Petabot, AI Agents, RytAIlSy, AutoVision),  

Software-as-a-Service (SaaS) offerings, 

Subscription models, 

One-time project and development services, 

Consulting and implementation services,

Customized AI solutions and model adaptations (fine-tuning). (3) Petanux provides services exclusively to entrepreneurs (§ 14 BGB). (4) Special Subject Matter: Services include, in particular, the provision of AI assistance systems (Decision Support Systems). These are intended to support human experts in decision-making and do not make independent, legally binding automated decisions. (5) By concluding the contract, the customer confirms that they are an entrepreneur and are entering into the contract for commercial or independent professional purposes. (6) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless Petanux expressly agrees to their validity in writing. (7) These GTC also apply to all future business relationships, even if they are not expressly agreed upon again.

§2 Conclusion of the Contract

(1) The presentation of products and services by Petanux does not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer. (2) A contract is concluded by written confirmation, electronic acceptance, or by actual performance of services by Petanux. (3) Contractually relevant documents may include offers, performance descriptions, order confirmations, invoices, and these GTC.

§3 Subject of Performance

(1) Petanux provides the customer with AI-based products, software, models, and/or services either as a Cloud, SaaS, or On-Premise solution in accordance with the respectively agreed scope of services. (2) The specific scope of performance is derived from the respective offer, contract, or product description. (3) Petanux does not owe any specific economic or professional success, but exclusively the contractual provision of the agreed services.

§4 Remuneration and Payment Terms

(1) Remuneration is based on the respectively agreed offer or subscription model. (2) Subscription services are billed periodically in advance, unless otherwise agreed. (3) One-time project or development services may be invoiced in full or in part in advance or in installments. (4) Invoices are due for payment within 14 days of the invoice date without deduction, unless explicitly agreed otherwise in the underlying contract. (5) In the event of default in payment, Petanux is entitled to suspend services in whole or in part. (6) If the customer defaults on payment, Petanux is entitled to demand default interest at the statutory rate according to § 288 para. 2 BGB. For payment claims between entrepreneurs, the default interest rate is nine percentage points above the respective base interest rate. (7) In the event of default, Petanux is entitled to demand a lump-sum reminder fee of EUR 40.00 according to § 288 para. 5 BGB. The right to assert further damages caused by default remains reserved. (8) Petanux is entitled to discontinue the provision of services in whole or in part in the event of continued default in payment after prior notice. This applies in particular to access to software, AI services, as well as maintenance and support services.

§5 Contract Term and Termination

(1) The contract term is based on the respective contract or subscription. (2) Unless otherwise agreed, subscriptions are automatically extended by the agreed term if they are not terminated with a notice period of one month to the end of the term. (3) The right to extraordinary termination for good cause remains unaffected.

§6 Special Provisions for AI Systems (EU AI Act)

(1) Petanux provides AI systems as a “Provider” within the meaning of Regulation (EU) 2024/1689 (AI Act). The customer acts as the “Deployer” when using the systems. (2) The customer bears sole responsibility for human oversight during operation. They shall ensure that the results of the AI are checked by qualified personnel before further use. (3) If products (e.g., Petabot) are used for interaction with natural persons, the customer is obliged to fulfill the information obligations according to Art. 50 AI Act (labeling as AI).

§7 Infrastructure, Data Sovereignty, and Isolation

(1) Petanux relies on an architecture of maximum data sovereignty. Processing takes place primarily on the basis of Open Source Large Language Models (LLMs), which are hosted either On-Premise at the customer’s site or in isolated, certified instances in Germany. Petanux ensures that used Open Source components are properly licensed and that no disclosure obligations arise for customer-specific models or data. (2) Strict Data Isolation: Customer-specific data as well as data from fine-tuning processes are strictly separated from the data of other customers. Petanux does not use customer data to improve general models for third parties. (3) Connection to third-party AI services (e.g., OpenAI, Azure) only occurs at the express request of the customer and is subject to separate data protection agreements. The responsibility under data protection law for this lies with the customer as the controller. (4) Use of customer data or trained models for other customers or general models does not occur.

§8 Rights of Use and Intellectual Property

(1) All rights to software, models, and documentation remain with Petanux. (2) The customer receives a simple right of use for their own purposes. (3) The customer receives a simple, non-exclusive right of use to AI-generated results, limited to their own business purposes. Disclosure, sublicensing, or commercial exploitation of the results is only permitted with the prior written consent of Petanux. (4) Legal Status: It is clarified that as a rule, no copyright arises for purely AI-generated results due to a lack of human creative depth. (5) Reverse engineering and the use for the development of competing products are prohibited.

§9 Customer Data and AI Training

(1) The customer may feed their own data (“Customer Data”) into Petanux’s systems. (2) The customer warrants that they possess all necessary rights and consents for the use of this data. (3) Petanux is entitled to use the customer data exclusively for the fulfillment of the contract, in particular for model adaptation (fine-tuning) for the respective customer. (4) Customer data remains the property of the customer. All models derived therefrom, model adaptations, and technical results remain the property of Petanux.

§10 On-Premise Provision

(1) If expressly agreed, Petanux also provides its products and services as an On-Premise solution, either: a) on infrastructure provided by the customer or b) on systems provided by Petanux and rented or leased to the customer. (2) The customer is responsible for the proper operation, security, physical protection, and network connection of the infrastructure provided by the customer. (3) Petanux assumes no responsibility for disruptions, security incidents, or performance losses that are attributable to customer-side infrastructure, configurations, or environmental conditions. (4) If Petanux provides hardware or systems to the customer for use, these remain the property of Petanux unless expressly agreed otherwise. (5) The customer is obliged to treat provided systems with care and protect them from access by third parties. (6) Upon termination of the contract, provided systems must be returned immediately or reset according to Petanux’s instructions. (7) The regulations on rights of use, intellectual property, and data protection also apply without restriction to On-Premise provisions.

§11 Availability and Changes

(1) Petanux strives for high availability of the systems, but does not owe uninterrupted use. (2) Petanux is entitled to further develop, change, or adapt products and services, provided that the contractually agreed core scope of services is not significantly impaired.

§12 Liability

(1) Unlimited liability in case of intent, gross negligence, and personal injury. (2) Limitation to foreseeable damage in case of slight negligence of essential duties. (3) AI-Specific Exclusion: Due to the probabilistic nature of AI, no guarantee is given for the accuracy of the results; “hallucinations” do not constitute a defect. (4) Duty of Verification: Liability for damages resulting from the unchecked adoption of AI results is excluded; the customer must have results checked by specialist personnel. (5) For On-Premise provisions, Petanux is not liable for damages resulting from misconfigurations, insufficient security measures, lack of maintenance, or other circumstances of the customer-side infrastructure. (6) Otherwise, the liability of Petanux—as far as legally permissible—is excluded.

§13 Data Protection and Hosting

(1) Data processing fundamentally takes place exclusively in the Federal Republic of Germany. For On-Premise provisions, data processing occurs on the customer’s infrastructure within Germany, unless expressly agreed otherwise. (2) Processing takes place on Petanux’s own servers or in “TÜV-certified” German data centers. (3) If required, the parties shall conclude a Data Processing Agreement according to Art. 28 GDPR.

§14 Reference Naming

Petanux is entitled to name the customer by name and with logo as a reference, provided the customer does not object in writing.

§15 Amendment of the GTC

Petanux reserves the right to amend these GTC. Changes will be communicated to the customer and are deemed approved if the customer does not object within 30 days. The current version of the GTC is identified by version number and date.

§16 Place of Jurisdiction and Applicable Law

(1) The place of jurisdiction is the seat of Petanux GmbH. (2) German law applies exclusively, under exclusion of the UN Convention on Contracts for the International Sale of Goods.

§17 Final Provisions

(1) Amendments and supplements must be in writing. (2) Should individual provisions be ineffective, the effectiveness of the remaining provisions shall remain unaffected. (3) The contract language is German.