Terms of service

1. Scope

These terms apply to the Managed Agents service provided by Erhardt Systems UG (haftungsbeschränkt), Gehegestraße 5, 39646 Oebisfelde-Weferlingen, Germany (“we”, “us”). They apply to all plans: Starter, Business, and Dedicated.

We offer the service only to businesses within the meaning of § 14 BGB, not to consumers. By ordering, you confirm that you act in the course of your trade, business, or profession.

Your own terms and conditions do not apply, even if we do not object to them.

2. Contract and purchase

Starter and Business are sold through Stripe Managed Payments. The seller of record for the purchase is Sold through Link, LLC, a Stripe entity (“Link”). Link processes the payment, collects taxes, sends receipts and invoices, and manages your subscription. For the purchase, the Link terms shown at checkout apply as well.

These terms govern the provision and use of the service. The contract for the service is concluded when you complete the checkout and we give you access to the service.

For Dedicated, we conclude an individual contract with you directly. These terms apply unless the individual contract says otherwise.

3. Services

The services of each plan are described on the pricing page at the time of your order. In summary:

• Starter: one agent on its own virtual server in Germany, your own API key, automatic monitoring, outbound connections only to services you approve, tested updates, daily backups, and help through documentation and tickets, with no guaranteed response time
• Business: everything in Starter, up to three agents, €100 of AI credit per month or your own API key, endpoint protection (EDR), a record of agent activity, a monthly security report, and replies by the next business day
• Dedicated: everything in Business, plus the services agreed in the individual contract

We use subcontractors, such as hosting providers, to provide the service.

We may change the service if the change is reasonable for you, for example to keep it secure or to comply with the law. We do not reduce the main features of your plan during a paid term.

4. AI credit and usage (Business)

Business includes €100 of AI credit per month. Instead, you can use your own API key. Unused credit does not carry over to the next month.

Usage above the credit is billed at the model provider’s list price plus 20%. You set a fixed monthly limit. When your usage reaches the limit, model access through the credit stops until the next month or until you raise the limit.

5. Your obligations

• Keep your access data and API keys secret, and tell us without delay if you suspect misuse
• Use the service only in compliance with the law and the terms of your AI model provider
• You are responsible for your agents: their configuration, the instructions you give them, the data they process, and the actions they take
• Do not use the service to attack other systems, send spam, mine cryptocurrency, or distribute illegal content
• Approve only the services that your agent needs to reach

If there is a serious security risk or a clear breach of these obligations, we may temporarily block the affected agent. We tell you without delay, and we unblock the agent when the reason no longer applies.

6. Availability and support

We run the service with care. For Starter and Business, we do not guarantee a specific availability. Maintenance can cause short interruptions; we try to schedule it outside business hours.

Support for Starter is through documentation and tickets, with no guaranteed response time. Business receives replies by the next business day. For Dedicated, the response times in the individual contract apply. Business days are Monday to Friday, except public holidays in Saxony-Anhalt.

7. Backups and your data

We back up your agents every day. We keep each backup for 7 business days. Backups help us restore the service; they do not replace your own backups of data that is important to you.

Your data remains yours. We use it only to provide the service.

8. Data protection

A data processing agreement pursuant to Art. 28 GDPR is available for all plans. It applies to personal data that your agents process on our servers. Our privacy policy describes how we process your data as a customer.

9. Prices and payment

The prices on the pricing page at the time of your order apply. All prices exclude VAT.

Starter and Business are paid in advance through Link: monthly, or yearly for Starter. Dedicated is invoiced by us as agreed in the individual contract.

We may change the prices of running subscriptions with effect for the future. We tell you about a price change by email at least six weeks before it takes effect. If you do not agree, you can cancel with effect from the date the new price takes effect.

10. Term and termination

Starter and Business run for the billing period you chose: one month, or one year for Starter. They renew automatically for the same period unless you cancel. You can cancel at any time with effect from the end of the current billing period, for example in your Link account.

Dedicated has a minimum term of 12 months. Renewal and notice periods are set in the individual contract.

The right of both parties to terminate for good cause remains unaffected.

11. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act.

For slight negligence, we are liable only if we breach an obligation that is essential for the contract and on which you may rely (cardinal obligation). In this case, our liability is limited to the typical damage that was foreseeable when the contract was concluded, and in total to the fees you paid for the service in the 12 months before the event that caused the damage.

For loss of data, we are liable only for the effort that would have been needed to restore the data if you had made regular backups proportionate to the risk.

Strict liability for defects that already existed when the contract was concluded (§ 536a (1) BGB) is excluded.

12. Changes to these terms

We may change these terms with effect for the future. We tell you about changes by email at least six weeks before they take effect. If you do not object within this period, the changes are deemed accepted; the notice tells you about this effect. If you object, either party may terminate the contract with effect from the date the changes take effect.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the registered office of Erhardt Systems UG (haftungsbeschränkt).

If a provision of these terms is invalid, the remaining provisions stay valid.