Terms and Conditions.

1. Provider and scope

The provider is Özgür Abuska, Mavilab Digitalagentur, Straße im Loh 21, 63179 Obertshausen, Germany (the "Provider").

These terms govern the paid "Managed AI" service of Alynivo. The Alynivo plugin available free of charge on WordPress.org is licensed under GPLv2 and is not covered by these terms.

This offer is directed exclusively at business customers within the meaning of Section 14 German Civil Code (BGB). No contract is concluded with consumers within the meaning of Section 13 BGB. By placing an order, the customer confirms that they are acting as a business.

2. Scope of services

The Provider operates a hosted interface through which the Alynivo plugin on the customer's website can generate AI-assisted replies. The scope depends on the selected plan, in particular the monthly message allowance it includes.

Replies are generated by a language model. They may be incomplete or incorrect. The customer is responsible for reviewing outputs before relying on them or presenting them to third parties. The Provider does not owe any particular substantive result of the AI replies.

Features marked "coming soon" are not yet available. They will be included in the relevant plan at no extra cost once released; no claim to a specific release date exists.

3. Conclusion of contract and access

By completing Stripe Checkout, the customer submits a binding offer to enter into the selected subscription. Before placing the order, the customer can access and save these terms. Checkout can be completed only after the customer has accepted these terms and confirmed that they are acting as a business. An automated order-receipt or payment confirmation from Stripe does not itself constitute acceptance. The contract is concluded when the Provider expressly confirms the order or activates access, whichever occurs first. Payment is processed by Stripe Payments Europe, Limited.

Access credentials (site ID and site token) are sent to the customer by email after receipt of payment. Setup is currently performed manually, usually on the same business day and no later than the end of the following business day.

The customer shall keep the credentials secure and shall not pass them on to third parties. Access applies to one website. The customer shall inform the Provider without undue delay if misuse is suspected.

4. Prices and payment

The prices stated on alynivo.de at the time of ordering apply. All prices are monthly final prices. No VAT is charged pursuant to Section 19 German VAT Act (UStG).

Billing takes place in advance for each billing period; Stripe automatically charges the payment method selected or stored during checkout. The message allowance resets at the beginning of each calendar month; unused messages expire and are not refunded.

If a payment fails, the Provider informs the customer and gives them an opportunity to update the payment method. If payment remains outstanding for more than 14 days after notice, the Provider may temporarily suspend access until full payment is received. Access will be restored without undue delay after payment. Further statutory rights remain unaffected.

Price changes for an existing subscription will be proposed in text form at least 30 days in advance and take effect only after the customer’s express consent. Without consent, the existing price continues until the contract is ordinarily terminated. Both parties’ ordinary termination rights remain unaffected.

5. Term and termination

The contract runs for an indefinite period and may be terminated by either party with one day's notice to the end of the current billing period. Termination is possible in text form to hallo@alynivo.de or via the Stripe customer portal.

The right to extraordinary termination for good cause remains unaffected. For the Provider, good cause exists in particular in the event of a breach of Section 6 or payment default of more than 14 days.

Access is deactivated when the contract ends. The plugin remains fully usable in its free basic functionality.

6. Customer obligations

The customer shall not use the service to generate or distribute unlawful, misleading, or infringing content, to deceive or harass individuals, or to infringe third-party rights.

The customer shall ensure that they hold all rights and authorisations required for the content, knowledge data, instructions, and personal data they provide. For the term of the contract, the customer grants the Provider the non-exclusive rights, limited to providing the service, to process that content technically and transmit it to the subprocessors identified in the DPA.

The customer shall not process special categories of personal data within the meaning of Art. 9 GDPR (such as health or biometric data) through the chat, and shall not prompt visitors to enter passwords or payment details.

Automated or abusive use going beyond the intended use as a website assistant is not permitted. Where misuse is reasonably suspected, the Provider may temporarily restrict access and will inform the customer without undue delay.

7. Availability

The Provider aims for high availability but does not owe any specific availability rate. Maintenance work, events outside the Provider’s reasonable control, and disruptions at engaged service providers may lead to temporary limitations. Planned maintenance will be announced in advance where reasonably possible. The customer’s statutory rights in the event of service disruptions attributable to the Provider remain unaffected.

If the AI service is unavailable or the allowance is exhausted, the plugin automatically continues in basic mode. The customer's website therefore remains functional.

8. Data protection

Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before processing begins. The subprocessors engaged are listed under Subprocessors.

The customer is responsible for informing their website visitors under data protection law, in particular for stating the use of an AI assistant in their privacy policy.

9. Liability

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

In cases of simple negligence, the Provider is liable only for breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract.

Liability is otherwise excluded. In particular, the Provider does not warrant the substantive accuracy or completeness of replies generated by the AI. Mandatory statutory liability, claims under data protection law, and liability arising from an expressly assumed guarantee remain unaffected.

10. Changes and final provisions

Material changes to these terms will be proposed to the customer in text form at least 30 days in advance and take effect only after the customer’s express consent. Purely editorial changes and changes required by mandatory law, security requirements, or technical developments that do not unreasonably disadvantage the customer may take effect on 30 days’ notice. In that case, the customer may terminate the contract by the effective date at the end of the current billing period.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is Offenbach am Main, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.

Should any provision be invalid, the validity of the remaining provisions remains unaffected.