English
Terms and Conditions — Consumers (Privatkunden)
AUVY Cortex
AUVY GmbH · Am Haag 8 · 82166 Gräfelfing, Germany · HRB 311039 (Munich Local Court) · VAT ID DE461400892
Represented by: Achim Ströbel and Patrick Schröppel (each authorised to represent individually)
Contact: legal@auvy.ai · security@auvy.ai · privacy@auvy.ai
Effective: 18 May 2026
§ 1 Scope
(1) These General Terms and Conditions for Consumers ("Consumer GTC") govern all agreements between AUVY GmbH ("AUVY") and its customers ("Customer") regarding the provision of the software-as-a-service product AUVY Cortex and all related services.
(2) These GTC apply exclusively to consumers within the meaning of § 13 BGB. A consumer is any natural person entering into the contract for purposes that are predominantly outside their trade, business or profession. AUVY also offers self-serve subscriptions to entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law under the separate B2B GTC. During checkout, the Customer must truthfully confirm whether they act as a consumer or business customer; the decisive factor remains the actual consumer or entrepreneur status under §§ 13, 14 BGB.
(3) Deviating or supplementary terms of the Customer shall not become part of the contract.
(4) The contractual language with German-resident consumers is German; for other EU consumers, the language used at checkout applies.
§ 2 Definitions
For the purposes of these GTC:
"Cortex" means the software-as-a-service platform AUVY Cortex provided by AUVY, including all related functionality, AI-powered services, APIs, and web interfaces.
"Plan" means one of the standard subscription plans with the features assigned to it under auvy.ai/pricing.
"Licence" / "Seat" means the access entitlement for an individual end user within the Customer's workspace.
"Workspace" means the logically isolated area on the platform managed by the Customer.
"Fair Use" means the AI inference volume considered reasonable for the relevant Plan, as further described in § 6.
"AUP" means the Acceptable Use Policy attached as Annex B.
"Withdrawal Instruction" means the instruction on the statutory right of withdrawal under §§ 312g, 355 BGB, including the model withdrawal form, set out in § 20.
"Sub-processors" means the further service providers integrated via the Trust Center (see Annex C).
§ 3 Subject matter and scope of services
(1) AUVY provides Cortex to the Customer for use via the internet during the term of the contract. The specific functional scope follows from the selected Plan and the service description on auvy.ai at the time the contract is concluded.
(2) AUVY is entitled to continuously develop the platform and to add, modify or remove functionality, provided that the contractual core service is not materially impaired. Material changes will be communicated to the Customer with reasonable advance notice (at least 30 days) by email or in-product. In the event of a material adverse change to the scope of services, the Customer has an extraordinary right of termination effective on the date the change takes effect, with pro-rata refund of any prepaid but unused fees.
(3) Service is delivered at the router exit of the data center. The Customer is responsible for internet access, devices, and browser.
(4) AUVY does not warrant a specific outcome of AI-generated output. AI models produce probabilistic outputs that must be reviewed for accuracy. Notices regarding the use of artificial intelligence are provided in accordance with Art. 50 EU AI Act in onboarding and in the user interface.
(5) Update obligation under § 327f BGB: During the term of the contract, AUVY shall keep Cortex in the condition required for contractually compliant use and shall in particular provide security updates in a timely manner.
§ 4 Licence and scope of use
(1) For the term of the contract, AUVY grants the Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use Cortex within the agreed scope.
(2) Each acquired Licence authorises one named natural person to use the service. Sharing access credentials with third parties is not permitted. Co-use of the Licence is permitted exclusively to persons sharing the Customer's place of habitual residence within a household community (community of life and economic resources, cf. § 7 (3) German Social Code Book II / SGB II by analogy). Any further sharing — in particular with flat-share housemates without joint economic management, circles of friends, or professional contacts — is not permitted and constitutes a violation of the AUP.
(3) The Customer may not reproduce, decompile, or reverse-engineer Cortex, except where mandatory statutory provisions (in particular §§ 69d, 69e of the German Copyright Act / UrhG) permit otherwise.
(4) Licences can be added at any time; a reduction in the number of Licences is possible at the end of the current billing month.
§ 5 Fees, billing, and default
(1) All prices are gross prices including the applicable statutory value added tax. Fees are determined by the selected Plan and the number of booked Licences as set out at auvy.ai/pricing.
(2) Standard billing models, at the Customer's choice in checkout, are:
a) monthly advance payment at the listed price;
b) annual advance payment with the volume discount shown on the pricing page.
(3) Fees become due upon conclusion of the contract and are collected via SEPA direct debit, credit card, or other methods offered in checkout through the payment service provider Stripe Payments Europe Ltd. Invoices are provided electronically in PDF format.
(4) If the Customer is in default of payment, AUVY may suspend the Workspace after prior payment request with a notice period of at least 14 days. Default interest is charged in accordance with § 288 (1) BGB.
§ 6 Fair Use of AI inference
(1) Cortex is offered as a flat-rate Plan with Fair Use of AI inference. Each Plan includes AI inference in a volume considered reasonable for the contractually intended private use by the Customer. No automatic usage-based charges are levied beyond the volume included in the Plan. Any paid add-on use beyond Fair Use is possible only where AUVY displays a separate paid option in-product and the Customer expressly orders it before any charge is incurred.
(2) AUVY determines, at its reasonable discretion (§ 315 BGB) and taking into account the typical use profile of the relevant Plan, which volume of AI inference qualifies as reasonable. The following are relevant in particular: (i) the typical use volume of comparable workspaces within the same Plan, (ii) the weighted inference cost of the AI models used, (iii) the prevention of abuse and cross-subsidisation, and (iv) the economic viability of the Plan.
(3) If AUVY detects use exceeding the reasonable volume, the Customer will be notified by email and in-product. Thereafter, the following measures are available:
a) default at no additional cost: throttling or pausing of AI inference until the next billing cycle; no automatic charge is applied.
b) Optional paid add-on or plan upgrade only where displayed in-product and expressly ordered before purchase.
c) Plan upgrade to a higher Plan against pro-rata additional fees.
(4) Reservation of adjustment at reasonable discretion (§ 315 BGB): AUVY reserves the right to adjust the reference values for Fair Use at its reasonable discretion. The Customer will be notified by email at least 30 days in advance of any material deterioration of usage possibilities; in that case, the Customer has an extraordinary right of termination effective on the adjustment date, with pro-rata refund of any prepaid but unused fees.
§ 7 Customer obligations and Acceptable Use Policy
(1) The Customer undertakes to use Cortex only in accordance with these GTC and the Acceptable Use Policy (Annex B).
(2) In particular, the Customer undertakes:
a) not to input or generate any unlawful, immoral, or third-party rights-infringing content;
b) not to use Cortex for high-risk AI use cases under Annex III of the EU AI Act;
c) not to circumvent security measures and not to manipulate anti-abuse mechanisms;
d) to keep login credentials confidential, to activate multi-factor authentication, and to report any indications of compromise without undue delay.
(3) In the event of violations of the AUP or these GTC, AUVY may sanction the Customer's account, after prior warning, in the following order: warning → suspension → extraordinary termination (§ 8 (5)). In the case of serious violations (in particular breach of law or security attack), AUVY may suspend without prior warning.
§ 8 Term, renewal, and termination
(1) The Customer selects a monthly or annual billing interval in checkout. The initial term begins on the day the contract is concluded. No initial term exceeding 12 months is offered (§ 309 No. 9 lit. a BGB).
(2) The contract renews automatically for the selected billing interval unless terminated before the renewal date. The Customer may terminate at any time through the cancellation paths below; access normally continues until the end of the already paid billing period.
(3) Termination is possible in text form:
a) by email to legal@auvy.ai;
b) via the online cancellation button at auvy.ai/kuendigung; the cancellation button is accessible without prior login in accordance with § 312k BGB, clearly labelled, and leads to a confirmation page allowing immediate termination.
(4) Stripe Checkout and the Stripe Customer Portal show the renewal date, billing interval, payment method, taxes and invoice details before the Customer confirms payment.
(5) The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. Good cause exists in particular in the event of significant payment default exceeding 30 days despite reminder, repeated or serious AUP violation, or material breach of data protection obligations.
(6) In the event of extraordinary termination by AUVY due to conduct attributable to the Customer, prepaid but unused Licence fees are refunded pro-rata, unless offset against a corresponding damage claim of AUVY.
(7) In the event of ordinary termination, the Customer may export their data in accordance with § 12. 30 days after the end of the contract, data will be permanently deleted unless mandatory statutory retention obligations require otherwise.
§ 9 Availability
(1) AUVY shall maintain a reasonable availability of Cortex consistent with current SaaS industry standards. Cortex is generally available around the clock; planned maintenance windows shall, where possible, be scheduled outside ordinary business hours and announced with reasonable advance notice.
(2) No specific numeric availability commitments are made in the consumer offering.
(3) Excluded from availability are: force majeure (§ 15), failures of infrastructure used by the Customer, failures of sub-processors despite reasonable care, planned maintenance windows, and failures caused by security incidents attributable to the Customer.
§ 10 Data protection
(1) AUVY processes the Customer's personal data in connection with the provision of Cortex as controller within the meaning of Art. 4 (7) GDPR. No processing on behalf within the meaning of Art. 28 GDPR takes place, as the Customer concludes the contract as a consumer in their own name.
(2) Details of the data processing, legal bases, recipients, retention periods, and data subject rights are set out in the Privacy Notice available at auvy.ai/privacy and in-product under Settings → Privacy.
(3) For third-country transfers (in particular to US sub-processors), appropriate safeguards under Art. 46 GDPR are applied (EU Standard Contractual Clauses 2021/914 in the applicable modules; Data Privacy Framework certification of the recipient where applicable; supplementary technical and organisational measures). The current sub-processor list is available in the Trust Center at trust.auvy.ai/subprocessors.
(4) AUVY does not process Customer data for its own training or model improvement purposes. Anonymised aggregate statistics remain permitted.
§ 11 Confidentiality
(1) AUVY shall treat all content input by the Customer into Cortex (in particular texts, documents, prompts, and outputs) as confidential and use it only to perform the contractual services.
(2) The confidentiality obligation applies during the term of the contract and for five years after termination. Statutory confidentiality obligations remain unaffected.
§ 12 Rights to data and intellectual property
(1) All rights in Cortex, including software, AI models, trademarks, logos, and documentation, remain with AUVY or its respective licensors.
(2) All rights in the content input by the Customer into Cortex ("Customer Data") and in the outputs generated by Cortex on that basis remain with the Customer.
(3) The Customer grants AUVY a simple, non-exclusive right to use Customer Data exclusively to perform the contractually owed services, including transmission to sub-processors under Annex C.
(4) The Customer may at any time download Customer Data via the export functions provided in-product (Art. 20 GDPR). On request, or no later than 30 days after the end of the contract, Customer Data including existing copies will be permanently deleted or irreversibly anonymised within the meaning of Recital 26 GDPR, unless mandatory statutory retention obligations require otherwise.
(5) Anonymised and aggregated usage statistics (e.g. for platform performance improvement) may continue to be used by AUVY after termination.
§ 13 Statutory remedies (warranty)
(1) The statutory remedies for consumer contracts on digital products under §§ 327 ff. BGB apply, in particular:
a) the right to supplementary performance (defect remediation) under § 327l BGB;
b) the right to contract termination or price reduction under §§ 327m, 327n BGB;
c) the right to damages under the general provisions (§ 14).
(2) Any further warranty for the factual correctness of AI-generated outputs is excluded to the extent permitted by law.
(3) The limitation period for warranty claims is two years from the start of the contract (§ 327j BGB); for continuing services, § 327j (2) BGB applies.
§ 14 Liability
(1) AUVY is liable without limitation:
a) for intent and gross negligence;
b) for damages arising from injury to life, body, or health;
c) under the German Product Liability Act;
d) to the extent of any guarantee assumed by AUVY.
(2) For breach of cardinal contractual duties ("cardinal duties"), AUVY is liable without limitation in principle, including in cases of slight negligence. Cardinal contractual duties are obligations whose performance is essential to the proper execution of the contract and on whose observance the Customer typically relies and may rely. In cases of slight negligence, liability is limited in amount to the typical, foreseeable damage; this is quantified as € 50,000 per loss event and a total of € 150,000 per contract year. This limitation does not apply in the cases listed in paragraph 1.
(3) In cases of slight negligence outside the scenarios listed in paragraphs 1 and 2, AUVY is not liable for indirect damages, loss of profit, missed savings, or consequential damages, to the extent permitted by law.
(4) Breaches of data protection obligations (Art. 82 GDPR) remain unaffected by the foregoing limitations.
(5) During the term of the contract, AUVY maintains adequate IT liability and/or cyber liability insurance. Current details on the insurer and the scope of coverage as well as an insurance certificate are available upon request via the Trust Center.
(6) The limitation of claims for damages is governed by the statutory provisions. § 202 BGB remains unaffected.
§ 15 Force majeure
(1) Neither party is liable for non-performance or delayed performance of its obligations to the extent caused by force majeure.
(2) Force majeure includes in particular: war, riots, natural disasters, pandemics, governmental orders, large-scale strikes (other than within the party's own workforce), large-scale internet or power outages, and supply shortages of critical sub-processors without fault.
(3) The affected party shall notify the other without undue delay of the occurrence and expected duration and shall take all reasonable measures to mitigate the impact.
(4) If a state of force majeure continues for more than 60 days, either party may terminate the contract with immediate effect for cause. Any prepaid but unused Licence fees will be refunded pro-rata.
§ 16 Changes to these GTC
(1) AUVY may amend these GTC with effect for the future where this is necessary to adapt to changes in law, supreme-court case law, technical developments, or new sub-processor configurations and where the equivalence of performance and consideration is not shifted to the Customer's detriment.
(2) Changes will be announced to the Customer at least six weeks before they take effect in text form (email is sufficient), with a clearly highlighted notice of the right to object and the consequences of silence.
(3) If the Customer does not object within six weeks of receipt of the change notice, the changes are deemed accepted. If the Customer objects, AUVY may terminate the contract with one month's notice as of the effective date of the change; prepaid but unused Licence fees will be refunded pro-rata.
(4) Material changes — in particular price increases, changes to the service scope to the Customer's detriment, new principal obligations, or changes to the principal purposes of data processing — require the Customer's express consent. Silence is not sufficient for such material changes.
§ 17 Assignment
(1) The Customer may assign rights and obligations under this contract to third parties only with the prior written consent of AUVY.
(2) AUVY is entitled to transfer the contract to an affiliated company or a legal successor in the context of a restructuring, provided that the Customer's protection is maintained. The Customer will be informed accordingly and, in this case, has an extraordinary right of termination within 30 days of receipt of the notice, with pro-rata refund of any prepaid but unused fees.
§ 18 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the Customer has their habitual residence remain unaffected (Art. 6 Rome I Regulation).
(2) Jurisdiction: Actions brought by AUVY against the Customer are subject to the exclusive jurisdiction of the courts at the Customer's place of residence (§ 29c ZPO and Art. 18 (2) Brussels Ia Regulation). Actions brought by the Customer against AUVY may be filed, at the Customer's choice, at the courts at the Customer's place of residence or at the courts at AUVY's registered seat in Munich.
(3) Should individual provisions be invalid, this shall not affect the validity of the remaining provisions.
(4) Amendments or supplements to individual contract provisions outside the § 16 procedure require text form.
(5) There are no oral side agreements.
§ 19 Annexes
The following annexes are part of these GTC:
Annex A — Withdrawal instruction and model withdrawal form (see § 20)
Annex B — Acceptable Use Policy (AUP) · auvy.ai/aup
Annex C — List of sub-processors (AWS EMEA, Microsoft Ireland, Supabase, Stripe Payments Europe, Vercel, Railway, PostHog, Resend, Gladia) · available at trust.auvy.ai/subprocessors
§ 20 Withdrawal instruction
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us —
AUVY GmbH
Am Haag 8
82166 Gräfelfing
Germany
Email: legal@auvy.ai
— by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received your notice of withdrawal. For such reimbursement, we will use the same means of payment that you used for the original transaction (refund processed via Stripe), unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.
Early expiry of the right of withdrawal
The right of withdrawal expires in the case of a contract for the provision of digital content or digital services (= AUVY Cortex), if AUVY has begun performance of the contract after you have cumulatively:
a) expressly consented to AUVY beginning performance of the contract before the expiry of the withdrawal period, and
b) acknowledged that, by giving your consent to performance commencing, you will lose your right of withdrawal, and
c) AUVY has provided you with a confirmation of the contract on a durable medium (in particular by email) containing all required information, including confirmation of your consent under (a) and (b).
(§ 356 (5) BGB)
Model withdrawal form
(If you want to withdraw from this contract, please complete and return this form.)
To: AUVY GmbH, Am Haag 8, 82166 Gräfelfing, Germany, email: legal@auvy.ai
I/We () hereby give notice that I/we () withdraw from my/our () contract for the provision of the following digital service: AUVY Cortex
Ordered on () / received on (): _________________________________
Name of consumer(s): _________________________________
Address of consumer(s): _________________________________
Signature of consumer(s) (only if this form is notified on paper): _______________
Date: _________________________________
(*) Delete as appropriate.
§ 21 Dispute resolution and consumer information
(1) Online Dispute Resolution platform of the European Commission (Art. 14 (1) ODR Regulation): The European Commission provides an online dispute resolution platform available at ec.europa.eu/consumers/odr.
(2) Consumer dispute resolution under § 36 VSBG: AUVY is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.