Terms and Conditions for SeibertGPT

This translation is provided for convenience. Only the German version is legally binding.

§ 1 Scope

(1) These General Terms and Conditions (“Terms”) apply to all contracts for the use of SeibertGPT between Seibert Group GmbH, Luisenstraße 37–39, 65185 Wiesbaden, Germany (“Seibert”), and its customers.

(2) The offer is directed exclusively at businesses (Unternehmer). Pursuant to Section 14 of the German Civil Code (BGB), a business is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

(3) Deviating or supplementary terms of the customer apply only if Seibert expressly agrees to them in text form.

§ 2 Subject matter of the contract and description of services

(1) SeibertGPT provides an AI language model operated by Seibert – as a web chat in the browser and as an OpenAI- and Anthropic-compatible application programming interface (API) through which the customer can connect its own applications using an API key.

(2) The scope of services results from the booked plan, in particular from the maximum number of concurrently running (parallel) requests, a token quota where applicable, and, where applicable, a daily time window in which the plan can be used. Times refer to German time (Europe/Berlin).

§ 3 Conclusion of the contract

(1) Use requires a Seibert customer account with which the customer signs in to SeibertGPT via the Seibert Customer Login.

(2) The presentation of the plans does not constitute a binding offer. The contract for a plan is concluded when Seibert activates the plan for the customer's account.

(3) No more than one subscription per customer can be active at any one time. If the customer books a pass while another pass is still running, the new pass begins as soon as the running pass ends. If, in individual cases, Seibert activates several passes at the same time, the pass with the highest number of parallel requests applies. As long as a pass is valid, it takes precedence over a subscription.

§ 4 Availability

(1) Seibert endeavors to ensure high availability of SeibertGPT but does not guarantee any particular availability. A service level agreement (SLA) is not part of the contract.

(2) Maintenance work and disruptions may temporarily restrict use. Where possible, Seibert carries out plannable maintenance work in such a way that use is impaired as little as possible.

§ 5 Token quotas

(1) If the booked plan includes a token quota, the quota applies for the agreed term of the plan. Unused tokens expire at the end of this term. Quotas are not transferable.

(2) The input and output tokens of every request are counted against a quota, including requests made via the web chat. If the customer aborts a request after it has been passed to the model, it may be counted with estimated token counts. Requests that end with an error – for example because the model cannot be reached – are not counted. A request is accepted as long as quota is still available; the last request may therefore exceed the quota.

(3) If a quota has been used up, the maximum number of parallel requests has been reached, or the request falls outside the plan's time window, SeibertGPT rejects further requests. Depending on the plan, a request that hits the maximum number of parallel requests may first wait up to a set time for a free slot; if it does not get one within that time, it is rejected.

§ 6 Term and cancellation

(1) Subscriptions run for the term agreed at the time of booking. They renew for this term in each case, provided this was agreed at the time of booking and the subscription is not canceled with effect from the end of the current term.

(2) Passes are valid for the booked duration and end automatically; they do not renew.

(3) Subscriptions can be canceled at any time with effect from the end of the current period – in the portal under “Account” via “Cancel contracts here” or in text form (e.g. by email to seibertgpt@seibert.group). There is no pro rata refund.

(4) The right to extraordinary termination for good cause remains unaffected.

§ 7 Prices and payment

(1) The prices stated at the time of booking apply. All prices are net, plus statutory VAT.

(2) Invoices are payable without deduction within 14 days of receipt. In the event of late payment, Seibert may block access until payment is received.

(3) If a subscription ends because the customer does not pay although it has used the service, Seibert may, instead of the subscription price, charge a fee based on actual usage: €1.00 per 1M input tokens and €5.00 per 1M output tokens, net in each case. The usage prices stated at the time of booking are decisive. Further claims remain unaffected.

§ 8 Customer obligations and usage policy

(1) The customer undertakes

not to use SeibertGPT for unlawful purposes and not to enter unlawful content or have it generated,
not to resell access to SeibertGPT to third parties,
not to circumvent token quotas, limits on parallel requests, time windows, the number of usable API keys or the IP binding, for example by technical manipulation,
to keep its API keys secret and to revoke a key in the portal without undue delay if it has reason to believe that unauthorized persons know it,
to comply with the license terms of the language model used, to which Seibert refers.

(2) A booked plan and the associated API keys may only be used by one person or from one internet connection of the customer; passing them on to third parties or shared use by several persons is not permitted. How many API keys can be used at the same time results from the booked plan; keys beyond that number are not served.

(3) If the booked plan provides for IP binding, an API key can, after a request, only be used from the same IP address (for IPv6: the same /64 network) for the period specified in the plan; requests from other addresses are rejected during this time. The customer can release the IP binding of a key itself in the portal under “API keys” no more than once within 24 hours.

(4) Requests made with the customer's API keys are attributed to the customer and, if the plan includes a quota, counted against it.

(5) If the customer breaches these obligations, Seibert may block access or individual API keys insofar as this is necessary to protect SeibertGPT, Seibert or third parties.

(6) To protect availability for all customers, Seibert rejects requests whose non-cached input exceeds technical limits. The current limits are: a session that has been inactive for more than 4 hours can only be resumed with at most 350,000 tokens of context; the first request of a new session may contain at most 350,000 tokens, and even in an ongoing session a request may add at most 350,000 new tokens at once. Seibert may adjust these limits or suspend the restriction for individual plans to the extent necessary to protect availability; the values stated here and in the API documentation apply in each case. Rejected requests are not counted against any quota.

(7) To limit short-term load peaks, Seibert restricts how much non-cached input a customer can send via the API within a short period of time (burst protection). The current limits are: up to 400,000 tokens in the short term and, beyond that, no more than 400,000 tokens per minute on average. The gateway temporarily rejects requests that exceed these limits and states the waiting time. Seibert may adjust these limits or suspend the restriction for individual plans to the extent necessary to protect availability; the values stated here and in the API documentation apply in each case. Rejected requests are not counted against any quota.

§ 9 AI output

(1) The responses of SeibertGPT are generated automatically by an AI system. They may be incomplete, outdated or incorrect. The customer checks outputs on its own responsibility before using them.

(2) If the customer makes further use of outputs, it is itself responsible for complying with the obligations applicable to such use, in particular the obligations for deployers under Art. 50(4) of Regulation (EU) 2024/1689 (AI Act).

§ 10 Rights to inputs and outputs; no training

(1) The rights to its inputs remain with the customer. Seibert claims no rights to inputs or outputs and processes them only to provide the contractual services.

(2) Seibert does not use the customer's inputs and outputs to train AI models.

§ 11 Liability

(1) Seibert is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health.

(2) In the case of simple negligence, Seibert is liable only for the breach of a material contractual obligation (cardinal obligation). This is an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

(3) Liability under the German Product Liability Act (Produkthaftungsgesetz), under guarantees given and in the event of fraudulent concealment of a defect remains unaffected.

(4) Otherwise, Seibert's liability is excluded.

§ 12 Data protection and processing on behalf of the customer

Insofar as Seibert processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR (see Data Processing Agreement). Otherwise, the Privacy Policy applies.

§ 13 Confidentiality

The parties shall treat as confidential any confidential information of the other party that becomes known to them in the course of the contract. On request, Seibert additionally offers the customer the conclusion of a non-disclosure agreement (NDA).

§ 14 Changes to these Terms

(1) Seibert may amend these Terms with effect for the future insofar as this is necessary for one of the following reasons: changes in the law, changes in case law, the introduction of new features of SeibertGPT, or technical changes.

(2) Changes to the essential contractual obligations (main performance obligations) and to the relationship between performance and consideration are excluded.

(3) Seibert announces changes in text form at least six weeks before they take effect. The customer may object to the changes until they take effect.

(4) If the customer objects, either party may terminate the contract with effect from the date on which the changes take effect.

(5) If the customer does not object in time, this is deemed consent only if Seibert expressly pointed out this consequence in the announcement.

(6) For passes already booked, the version valid at the time of booking applies.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising from this contract is Wiesbaden.

(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.