Terms of Service

Last updated: 17.09.2026

This is a translation provided for convenience. The German version of this page is the legally binding one; in case of any discrepancy, the German text prevails.

Provider

§ 1 Scope and contracting parties

(1) These General Terms and Conditions (“Terms”) apply to all contracts between the company named above under “Provider” (“Platte” or the “Provider”) and its contracting parties (the “Customer”) concerning the use of the Platte AI platform (the “Platform”) – as managed hosting in the Platte Managed Cloud, as a managed service on Customer-side infrastructure, or as a self-hosting deployment.

(2) Only an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) can be a Customer. Platte does not conclude contracts with consumers on the basis of these Terms.

(3) These Terms apply exclusively. General terms and conditions of the Customer that conflict with or deviate from these Terms do not become part of the contract unless Platte expressly consents to their application in text form.

(4) The Provider is an entrepreneurial company with limited liability in formation (UG i.G.). Its registration in the commercial register of the Charlottenburg Local Court has been applied for; the register court and number will be added here once the registration is completed. Contracts are concluded in the name of the company in formation; should the registration not be completed, or insofar as statutory provisions governing companies in formation provide for shareholder liability, liability is governed by those provisions. Any liability of the founders is neither excluded nor limited by these Terms.

§ 2 Services and support

(1) Platte provides the services designated in the respective contract. The subject matter is in particular:

• the provision of a dedicated instance of the Platform (chat application, inference gateway, runtime environment for agentic processes) accessible over the internet,
• the operation of that instance on European infrastructure,
• the metered use of AI inference services through the Platte Privacy Gateway within the booked quota,
• support within the agreed scope.

(2) The concrete scope of services, quotas and any additional services result from the respective order and the current service description on the website.

(3) Platte develops the Platform further. Platte may change or evolve the services where this is reasonable for the Customer and does not materially diminish the contractually agreed scope of services.

(4) The Platform includes source code that Platte publishes as open source. The conditions of the respective open-source licence apply; they remain unaffected by these Terms.

(5) The type, availability and response times of support are set out in the respective agreement or the service description. Unless otherwise agreed, Platte provides support on business days (excluding public holidays at the Provider’s seat) by email.

§ 3 Conclusion of contract

(1) The presentation of the services on the website is non-binding and does not constitute a legally binding offer.

(2) The contract is concluded when Platte accepts the Customer’s order – by express confirmation in text form or by activating the service. If acceptance does not occur within seven days, the order is deemed not accepted.

(3) Platte stores the contract text and makes the Terms and the order confirmation available to the Customer in text form.

§ 4 AI-generated content and transparency

(1) The content generated through the Platform (“Outputs”) is produced by AI models. Outputs may be incorrect, incomplete, outdated or misleading; factually wrong yet plausibly worded outputs (“hallucinations”) are also possible. Platte does not warrant any particular substantive quality, accuracy, completeness, currency or fitness for purpose of Outputs.

(2) Outputs do not constitute legal, tax, financial, medical or other professional advice. The Customer is obliged to verify the suitability and accuracy of Outputs before any commercial, legal or other material use – in particular before publication, passing on to third parties, or decision-making – and to obtain expert review where required. The risk of using Outputs lies with the Customer.

(3) Platte ensures that users of the Platform are informed that they are interacting with an AI system within the meaning of Article 50(1) of Regulation (EU) 2024/1689 (“AI Act”).

(4) The Platform supports the machine-readable marking of AI-generated content pursuant to Article 50(2) AI Act, insofar as and as soon as the models and procedures used technically permit this. Where the Customer disseminates or publishes AI-generated or AI-altered content, it must itself comply with the transparency and marking obligations applicable to it as a deployer under the AI Act – in particular Article 50(4) AI Act for content that appears authentic. Platte assists the Customer with the functions provided in the Platform; compliance with the deployer obligations remains the Customer’s responsibility.

(5) Liability for Outputs is governed by § 15; § 15 paragraph 4 remains unaffected.

§ 5 Availability, maintenance and service levels

(1) Platte keeps the Platform available within the bounds of what is technically possible, taking into account the standards customary for comparable services. Uninterrupted availability (an availability of 100%) is not owed.

(2) Concrete availability commitments, maintenance windows as well as response and recovery times may be agreed separately in text form as a service level agreement (“SLA”); an SLA takes precedence over these Terms as an individual agreement. Without an SLA, paragraph 1 applies.

(3) Maintenance work is carried out preferably outside normal business hours. For planned, non-insignificant restrictions, Platte informs the Customer in advance; maintenance windows designated in that notice do not count as availability restrictions within the meaning of any SLA.

(4) Where Platte becomes aware of a material disruption, it works on its remediation without delay; § 4 (substantive quality of Outputs) remains unaffected.

§ 6 Self-hosting and operation on Customer-side infrastructure

(1) Instead of the Platte Managed Cloud, the Platform may also be operated on the Customer’s own infrastructure or on infrastructure of third parties commissioned by the Customer (“self-hosting”). The scope of the services Platte provides in that case – in particular the supply of software, updates and security patches, assistance with operation, or operation as a managed service on Customer-side infrastructure – is set out in the respective contract.

(2) Unless expressly agreed otherwise, Platte owes only the supply of the software within the agreed scope for self-hosting. The Customer is responsible for the secure and stable operation of its infrastructure, in particular for installation, configuration and dimensioning, operational security and hardening, data backup, and the timely application of updates and security patches supplied by Platte.

(3) Insofar as the Customer operates the instance in its own name and for its own purposes on its own infrastructure, it is itself the controller within the meaning of the GDPR for the processing of personal data carried out in that context; §§ 13 paragraphs 1 and 2 (data processing agreement, processors) do not apply to that processing. Where the Customer enables third parties to use the instance, the associated information, documentation and due diligence obligations are the Customer’s.

(4) For self-hosting, the availability rules of § 5 apply only insofar as Platte has taken over operation as a managed service under paragraph 1; otherwise availability is the Customer’s responsibility. Support for self-hosting is owed only under a separate agreement.

(5) The rights in the software for self-hosting are governed by the respective open-source or separately agreed licence; § 2 paragraph 4 remains unaffected.

§ 7 Customer obligations

(1) The Customer keeps its access credentials secret, does not disclose them to third parties, and informs Platte without delay when unauthorised access becomes known.

(2) The Customer is responsible for ensuring that the content it enters (prompts, documents, files) and their use through the Platform are lawful and do not infringe third-party rights – in particular copyright, trademark, personality or data protection rights – or statutory prohibitions.

(3) The Customer complies with the obligations under § 4 paragraph 2 (verification of Outputs) and § 4 paragraph 4 (marking obligations as a deployer).

(4) Prohibited in particular is the use of the Platform

• to generate or disseminate unlawful content,
• to circumvent usage restrictions, quotas or technical protection mechanisms,
• in a manner that impairs the integrity or availability of the infrastructure or of other instances.

(5) If the Customer materially breaches these obligations, Platte may temporarily suspend the service after issuing a warning – in urgent cases also without a prior warning – or terminate the contract for cause.

§ 8 Rights of use

(1) Platte grants the Customer, for the term of the contract, the non-exclusive right to use the Platform in accordance with the contract.

(2) All rights in the content entered by the Customer remain with the Customer. To the extent necessary, the Customer grants Platte the technically required right to process this content for the performance of the contract – in particular to store it, transmit it to configured models, and deliver the Outputs. Platte does not use Customer content for model training.

(3) The Customer uses the Outputs it generates freely, subject to § 4, insofar as third-party rights – such as the licence conditions of the models used – do not stand in the way.

(4) Platte may log the instance for billing, abuse detection and operational assurance. Details are governed by the data processing agreement.

§ 9 Remuneration and terms of payment

(1) The remuneration is governed by the price list that Platte makes available to the Customer in the administration interface after the Customer’s instance has been created. The billing unit is, depending on the booked service, one seat (“Seat”) per month or an agreed usage quota; additional usage (§ 10 paragraph 4) is billed according to consumption. All prices are exclusive of statutory VAT.

(2) The billing period is one month and is determined by the agreed start of use. The remuneration becomes due in advance at the start of the billing period. Where a payment method with automatic debit (e.g. SEPA direct debit or credit card via a payment service provider) is set up, the amount is collected through it; otherwise it is payable within 14 days of the due date without deduction.

(3) If a debit fails, Platte informs the Customer and makes further debit attempts at reasonable intervals. The Customer’s obligation to ensure timely payment remains unaffected.

(4) If the Customer is in default of a due amount and the arrears persist for more than 14 days after receipt of a reminder, Platte may temporarily suspend the services after prior notice for as long as the arrears persist. The obligation to pay the remuneration for the current billing period remains unaffected; the Customer’s right to export its data under § 11 paragraph 4 is unaffected by the suspension. The suspension is lifted without delay once the arrears have been settled.

(5) The Customer may only set off against undisputed or legally established claims; a right of retention exists only for counterclaims arising from the same contractual relationship.

(6) Platte may adjust the remuneration for existing contracts with at least six weeks’ notice to the end of a billing period (for example in the case of changed procurement or operating costs). In this case the Customer may terminate the contract as of the effective date of the adjustment up to that date; § 16 paragraph 3 remains unaffected.

§ 10 Quotas and additional usage

(1) The use of AI inference services is metered through a quota system in internal billing units (“credits”). Each Seat includes a session-related and a weekly usage quota, the scope of which is set out in the price list or service description. Credits are a pure billing unit without monetary value; they are neither transferable nor negotiable.

(2) The weekly quota applies to a billing week beginning each Monday at 02:00 (Europe/Berlin). Unused credits expire at the end of the billing week or billing period respectively; there is no carry-over to subsequent periods, no payout and no offsetting.

(3) If usage reaches the session or weekly quota, Platte may restrict or interrupt further use until a new quota begins; the Customer is informed of this in the Platform.

(4) For plans where this is enabled, use may continue beyond the session-related quota (“additional usage”); the credits consumed in the process are billed according to consumption and counted against the weekly quota until that, too, is exhausted.

(5) Use of the Platform through automated or agentic processes – in particular executions triggered, repeated or scheduled by the Customer or its users – is metered against the same quota under the same principles. For other types of use (such as connecting third-party systems via interfaces), the price list may provide separate billing models; these are announced before they are applied.

§ 11 Term and termination

(1) The contract is concluded for an indefinite period unless otherwise agreed and may be terminated by either party with one month’s notice to the end of the respective billing period. Termination may be effected in text form; termination by the Customer is also possible through the administration interface or towards hello@platte.ai.

(2) The right to terminate for cause remains unaffected. If the Customer terminates for a cause within Platte’s sphere of responsibility, Platte shall, upon request, refund the advance payment for the current billing period that has not yet been performed, pro rata.

(3) Unused quotas or credits are neither refunded nor credited at the end of the contract; in the case of a refund under paragraph 2, sentence 1 of this paragraph does not apply to the pro-rata remuneration.

(4) The Customer can export its instance data at any time during the term through the administration interface (for example as a ZIP backup). After the end of the contract, Platte makes the Customer’s instance data available for export on request for a transition period of 30 days in a common, machine-readable format. After the transition period expires, the data is permanently deleted unless statutory retention obligations apply.

§ 12 Warranty

(1) Platte warrants that the contractual services are provided within the agreed scope and exhibit the agreed or service-description characteristics. The substantive quality of Outputs is governed exclusively by § 4; availability is governed by § 5.

(2) The Customer must report recognisable defects in text form to Platte without delay after discovery; Section 377 of the German Commercial Code (HGB) applies accordingly to mutual commercial transactions.

(3) Platte remedies reported defects at its own discretion by repair or re-performance (“subsequent performance”) within a reasonable period; in doing so, Platte may temporarily provide functionally equivalent workarounds.

(4) If subsequent performance fails, is unreasonable for the Customer, or Platte allows a reasonable deadline set by the Customer to pass, the Customer may reduce the contract appropriately or terminate it in accordance with the statutory provisions.

(5) The Customer’s claims for defects become time-barred after twelve months from the statutory start of the limitation period. This period does not apply in the case of intent or fraudulent concealment of the defect, nor to claims for damages under § 15; the statutory limitation periods apply to those.

§ 13 Data protection and data security

(1) Insofar as Platte processes personal data on behalf of the Customer in providing the services, the parties conclude a data processing agreement pursuant to Article 28 GDPR. The DPA – based on the model texts of the German data protection authorities – is provided on request.

(2) Platte operates the Platform on servers within the European Union. The processors used are listed in the Trust Center at platte.ai/security. Platte informs the Customer before first using a new processor and before material changes; the Customer may object within a reasonable period communicated to it. If the parties cannot agree, the Customer has a right of extraordinary termination.

(3) Platte maintains technical and organisational measures pursuant to Article 32 GDPR; their details are described in the DPA.

(4) The Customer remains responsible for the lawfulness of the processing of the personal data it enters. § 6 paragraph 3 (controller role in self-hosting) remains unaffected.

§ 14 Confidentiality

The parties treat non-publicly known information of the other party as confidential, including after the end of the contract, for as long as a legitimate interest exists. Confidentiality does not apply to information that is publicly known, was already lawfully known to the other party, or must be disclosed.

§ 15 Liability

(1) Platte is liable without limitation for intent and gross negligence. In the case of simple negligence, Platte is liable only for breach of a material contractual obligation whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the Customer may rely, and limited to the foreseeable damage typical for the contract at the time of conclusion.

(2) The above limitations do not apply to injury to life, body or health, to liability under the Product Liability Act, and to fraudulently concealed defects.

(3) Insofar as liability is limited, this also applies to the personal liability of Platte’s employees, workers, staff, representatives and agents.

(4) Platte is not liable for damage or disadvantages arising from the Customer having used or disseminated AI-generated Outputs without the verification required under § 4 paragraph 2; otherwise § 4 paragraph 1 applies.

§ 16 Changes to these Terms

(1) Platte may adapt these Terms when the legal situation, case law or the contractual services change.

(2) Platte will inform the Customer of changes at least six weeks before their intended entry into force in text form. If the Customer does not object in text form by the time of entry into force, the changes become part of the contract; Platte expressly points out this right of objection in the notice.

(3) If the Customer terminates in good time because of a change, the previous conditions apply for the current billing interval.

§ 17 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Regulation (EU) 2024/1689 (AI Act) remains unaffected.

(2) The exclusive place of jurisdiction is Berlin, provided the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law.

(3) Amendments and additions to the contract require text form. This also applies to the amendment of this text form clause.

(4) Should a provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a regulation that comes economically closest to the intended purpose applies. The same applies to any regulatory gaps.

(5) The German version of these Terms is exclusively binding; an English-language version is for information only.

Contact

Platte Software UG i.G.
Am Krögel 2
10179 Berlin
Germany

Email: hello@platte.ai