1. Provider and scope
1.1 These Terms of Use govern the use of the innoGPT app at app.innogpt.de, the innoGPT desktop app and the innoGPT API (together the "Service"). The provider is Inno KI GmbH, Osloer Str. 6, 49377 Vechta, Germany, registered at the Local Court (Amtsgericht) of Oldenburg under HRB 220654 ("we", "us").
1.2 For paid plans, our General Terms and Conditions (AGB) also apply. They govern in particular the conclusion of the contract, prices, payment, term and termination. If the AGB and these Terms of Use conflict, the AGB prevail.
1.3 By registering, you confirm that you accept these Terms of Use. If you use the Service for an organisation, you confirm that you are authorised to do so.
1.4 Conflicting terms of the user apply only if we expressly agree to them in writing.
2. Account
2.1 You need an account to use the Service. You must be at least 18 years old. Give true and complete information when you register and keep it up to date.
2.2 Keep your login credentials secret. Tell us immediately if you suspect misuse of your account. You are responsible for actions taken through your account to the extent that you are at fault.
2.3 In a workspace of an organisation, its administrators decide who has access, which features and models are available and which data is shared. Administrators can remove your account from the workspace.
2.4 You can request the deletion of your account at any time.
3. The Service
3.1 innoGPT is a platform through which you can use various AI models and tools, for example chat, assistants, knowledge bases, file analysis, image and video generation, web search, third-party integrations, workflows and a meeting assistant. The features available to you depend on your plan and on the settings of your workspace.
3.2 We develop the Service continuously. We may change the Service if there is a valid reason, for example adapting to new technology, a model being withdrawn or changed by its provider, security reasons or a change in the law. Changes cause you no additional cost. If a change restricts the use of a paid plan more than insignificantly, we inform you in advance. Your statutory rights, in particular under Section 327r of the German Civil Code (BGB), remain unaffected.
3.3 We aim for high availability. We owe a specific availability only if it is agreed in a separate contract (Service Level Agreement). Where possible, we announce maintenance in advance.
4. AI results
4.1 The answers and content that the Service generates ("Results") are created automatically by AI models. Results can be incomplete, inaccurate, outdated or wrong. They can also contain content that affects the rights of third parties.
4.2 Results are not legal, tax, financial, medical or other professional advice. Check Results before you rely on them or pass them on.
4.3 We mark AI-generated images, audio and video files in a machine-readable way as AI-generated. Do not remove this marking when you publish such content, and observe your own labelling obligations.
5. Your content
5.1 The rights to your inputs, files and other content remain with you. To the extent that we hold rights to Results, they belong to you.
5.2 You grant us the rights we need to process your content for you, that is to store it, send it to the AI models and tools you select, process it and display it to you. We do not use your content to train AI models.
5.3 You are responsible for making sure that you may use the content you enter or upload, and that it does not violate laws or the rights of third parties.
5.4 If you enter personal data of third parties into the Service, you need a legal basis for it. For processing on behalf of an organisation, we conclude a data processing agreement (DPA) under Art. 28 GDPR. The DPA contains our technical and organisational measures (TOMs) and the list of sub-processors.
6. Acceptable use
6.1 You may use the Service only within the law and these Terms of Use. In particular, you may not:
- create or distribute unlawful content, for example content that incites hatred, is harmful to minors, is insulting or violates personality rights;
- infringe the rights of third parties, in particular copyright, trademark and data protection rights;
- create or prepare malware, phishing, spam or attacks on IT systems;
- create deceptively realistic content about real people and present it as real;
- use the Service for purposes that are prohibited under the AI Act (Regulation (EU) 2024/1689);
- bypass security measures, usage limits or access restrictions;
- scrape the Service in an automated way, except through the API provided for this purpose;
- resell the Service or offer it to third parties as your own service without our consent;
- use the Service to develop a competing AI model;
- violate the usage policies of the model providers that apply to the selected model.
6.2 Usage limits can apply to ensure fair use by all customers. The details are in the AGB and the plan overview.
7. Integrations and third-party services
7.1 You can connect the Service to third-party services, for example Microsoft 365, Google Workspace, Dropbox, messengers or other applications. The terms of the respective provider apply to these services.
7.2 The status "connected" means that the provider has granted access. Which actions are possible in the chat depends on the integration and on the provider's interfaces. We have no influence on the availability and the features of third-party services.
7.3 You can disconnect any connection at any time.
8. Data protection
Our Privacy Policy describes how we process personal data.
9. Feedback
If you send us suggestions or feedback about the Service, we may use them free of charge to improve the Service. Do not send us feedback that you consider confidential.
10. Liability
10.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.
10.2 For slight negligence, we are liable only if we breach a material contractual obligation. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
10.3 Otherwise, our liability is excluded. These limitations also apply to our legal representatives, employees and vicarious agents.
10.4 For services provided free of charge, we are liable only for intent, gross negligence and in the cases of section 10.1.
11. Indemnification
If you are a business, you indemnify us against claims that third parties assert against us because of a breach of these Terms of Use or of third-party rights for which you are responsible. This includes the reasonable costs of legal defence. We inform you without delay about such claims.
12. Suspension and termination
12.1 We may suspend access in whole or in part if there are concrete indications of a serious breach of these Terms of Use or of the law, or if the security of the Service is at risk. We take your legitimate interests into account and choose the mildest suitable measure. Where possible, we inform you in advance.
12.2 The right of both parties to terminate for good cause remains unaffected. The AGB govern the ordinary termination of paid plans.
12.3 Back up your content before your account is deleted. After deletion, we cannot restore it.
13. Changes to these Terms of Use
We can change these Terms of Use, for example because of new features or a change in the law. We inform you about changes in the app or by email. Changes that materially affect your rights or obligations take effect only when you agree to them.
14. Dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.
15.2 If you are a merchant, a legal entity under public law or a special fund under public law, Vechta is the exclusive place of jurisdiction for all disputes arising from this contract.
15.3 If a provision of these Terms of Use is invalid, the remaining provisions remain valid. The statutory provisions replace the invalid provision.
15.4 These Terms of Use exist in German and English. The German version is binding.
16. Contact
Inno KI GmbH, Osloer Str. 6, 49377 Vechta, Germany
Email: info@inno-ki.de, phone: +49 4441 8859759