End-User Terms

Version 1.0 (Draft)

These terms govern your use of the MeinGPT platform as an individual user.

Preamble

These terms of use govern the relationship between you as an individual user (hereinafter "User") and SelectCode GmbH (hereinafter "MeinGPT" or "Provider") with regard to your use of the "MeinGPT" platform (hereinafter "Platform"). Access to the Platform is provided to you by your organisation, your employer, or another entity that has concluded a contract with the Provider for use of the Platform — or, in the case of direct sign-up, on the basis of your own contract with the Provider; in the latter case, you are yourself the customer and at the same time the User (hereinafter "Customer"). These terms supplement the contract between the Customer and the Provider; they do not establish a separate paid contractual relationship, but they do set out the rules that are binding for your use.

§ 1 Scope and Contractual Framework

  1. These terms apply to every use of the Platform by the User. By using the Platform for the first time — or by confirming these terms upon registration — the User acknowledges these terms as binding.
  2. The scope and purpose of the services provided via the Platform result from the contract between the Customer and the Provider. Where the User and the Customer are not the same person, the User has no independent claim against the Provider to the provision or continuation of access; this is decided solely by the Customer.
  3. The Customer's policies and instructions apply in addition. Stricter internal usage requirements of the Customer take precedence over these terms; the Provider's statutory, security-related and usage-related obligations (in particular §§ 3 and 4 as well as the requirements of the AI Act), the main contract, and the DPA remain unaffected.
  4. In the case of direct sign-up, the User warrants that they have full legal capacity, are at least 18 years of age, and are authorised to establish the usage relationship.

§ 2 Access and User Account

  1. Access is provided via the organisation managed by the Customer within the Platform. The Customer manages roles, permissions and the scope of use; it can view usage statistics and set up, modify and revoke access. In the case of direct sign-up, you manage your own organisation or your own account yourself.
  2. The User keeps their access credentials confidential and does not pass them on to third parties. The User is responsible for actions carried out via their account. Any suspicion of unauthorised use must be reported to the Customer or the Provider without undue delay.

§ 3 Permitted Use

  1. The User uses the Platform in the course of their activity for the Customer or, in the case of direct sign-up, for their own professional or business purposes, in each case in accordance with the Customer's policies and the applicable laws.
  2. The User complies in particular with copyright and data protection law as well as the requirements of Regulation (EU) 2024/1689 (AI Act).
  3. The User uses the Platform with the necessary AI literacy (Art. 4 AI Act); the Customer ensures appropriate information and training of its Users for this purpose.
  4. If the Customer uses the Platform for a high-risk application within the meaning of Art. 6 in conjunction with Annex III of the AI Act, the obligations set out therein — in particular human oversight (Art. 26) — fall to the Customer as the deployer; the Customer is responsible for classifying the respective use as high-risk.

§ 4 Prohibited Use

  1. The following are prohibited in particular: a. the input of unlawful, insulting, discriminatory content or content that infringes the rights of third parties; b. the input of personal data that the User is not authorised to process — in particular special categories of personal data (Art. 9 GDPR) as well as trade and business secrets of third parties — beyond the framework specified by the Customer; c. circumventing or overriding security and access measures, reverse engineering, and the automated or abusive overloading of the Platform; d. introducing or distributing malware, as well as phishing, spying on, or misusing third-party access credentials; e. the creation or distribution of depictions of the sexual abuse of minors, of harassment, threats, or incitement to violence; f. the unlawful surveillance of persons as well as copyright or trademark infringements on a significant scale; g. the use of AI outputs as the sole basis for legally, medically, or economically significant decisions without appropriate human oversight; h. any use for practices prohibited under the AI Act or for other unlawful purposes.
  2. The Provider is entitled, where there is a reasonable suspicion of a violation, to temporarily restrict the affected access and to inform the Customer.

§ 5 AI-Generated Content

  1. The Platform generates content using generative AI models. Such outputs may be incorrect, incomplete or misleading ("hallucinations") and do not constitute legal, tax, medical or other professional advice.
  2. The User checks AI outputs for accuracy and suitability on their own responsibility before using them. Outputs may not be used as the sole basis for legally, economically or medically significant decisions without human review. Responsibility for the use of the outputs lies with the User or the Customer.
  3. Where required by law, the User marks content generated or altered with the Platform as AI-generated — in particular synthetic image, audio or video content ("deepfakes") as well as AI outputs used externally or publicly — in accordance with the transparency obligations of Regulation (EU) 2024/1689.

§ 6 Data Protection

  1. The processing of personal data that the User enters into the Platform is carried out on behalf of and on the instructions of the Customer; the Customer — in the case of direct sign-up, you yourself — is the controller within the meaning of the GDPR in this respect, and the Provider is the processor. The details are governed by the data processing agreement (DPA) between the Customer and the Provider.
  2. Information on processing by the Provider as controller (e.g. account and usage data) is contained in the privacy policy at meingpt.com/platform-privacy. The User does not enter any personal data that goes beyond the framework released by the Customer.

§ 7 Rights to Content

  1. The rights to the content entered by the User as well as to the AI outputs are governed by the contract between the Customer and the Provider. No rights beyond this are established between the Provider and the User.
  2. The Provider does not use the User's content to train its own AI models nor for any purpose other than providing the services.

§ 8 Availability, Changes and Suspension

  1. No specific level of availability is guaranteed to the User; the contract between the Customer and the Provider is decisive.
  2. The Provider may amend these terms with effect for the future, in particular in the event of changes to the legal situation, case law, or the scope of services. Changes must be objectively justified and reasonable for the User and must not shift the essential principal obligations to their detriment. The User or the Customer will be informed of material changes within a reasonable period before they take effect, in text form or within the Platform; the significance of remaining silent will be pointed out separately in this context. If the User does not object within the reasonable period notified and continues to use the Platform thereafter, the amended terms are deemed accepted. If the User objects, the Provider or the Customer may terminate access under the previous terms.
  3. The User's access may be restricted or terminated by the Customer at any time, and by the Provider in the event of violations of these terms or for good cause.

§ 9 Liability

  1. The User's use of the Platform takes place within the framework of the contractual relationship between the Customer and the Provider; no independent paid service relationship between the Provider and the User is established as a result.
  2. The Provider is liable to the User without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act, to the extent of a guarantee assumed, and for fraudulently concealed defects. Liability under Art. 82 GDPR remains unaffected.
  3. In the case of simple negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation — an obligation whose fulfilment makes the proper use possible in the first place and on whose observance the User may regularly rely) and is limited in amount to the foreseeable damage typical of the contract at the time of conclusion of the contract.
  4. Any further liability of the Provider towards the User is excluded. The foregoing limitations also apply in favour of the Provider's legal representatives and vicarious agents.

§ 10 Final Provisions

  1. The law of the Federal Republic of Germany applies.
  2. Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall not be affected thereby.

Provider

SelectCode GmbH · Brand "MeinGPT"
Oskar-von-Miller-Straße 11 · 82008 Unterhaching · Germany
Managing Directors: Florian Baader, Dipl.-Kfm. Reiner Conrad
Local Court of Munich · HRB 234337 · VAT ID: DE313955277
www.meingpt.com · www.selectcode.de
Contact / complaints: contact@selectcode.de

Consent: By using the Platform or by confirming upon registration, you agree to these terms of use.