General terms and conditions

These general terms and conditions govern the use of agentbit, a web application of ElisaBit UG (haftungsbeschränkt), hereinafter the "provider". agentbit is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, legal persons under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are excluded. Differing terms of the customer are not recognised unless the provider agrees to them in writing.

The contract is concluded when an account is registered on agentbit.de or a tenant subdomain (e.g. customer.agentbit.de) and these terms are accepted. By registering, the customer confirms that it is acting as an entrepreneur within the meaning of § 14 BGB. The provider confirms conclusion of the contract by email to the address given.

The provider aims for 99.5% availability per month. Planned maintenance windows are announced by email at least 24 h in advance.

(1) The agentbit platform, the underlying software, its structure, source and object code, databases, models, configurations, documentation and all other components and content are and remain the intellectual property of the provider or its licensors. The customer acquires no rights to them beyond the licence set out below.

(2) For the term of the contract the provider grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the platform as intended for its own internal business purposes.

(3) All rights to the content provided by the customer (customer data) remain with the customer. The provider processes it exclusively to perform the contract, on the customer's instructions and in accordance with the data processing agreement (DPA).

(4) The customer may use AI-generated output freely, subject to third-party rights.

(1) The customer and its users are prohibited in particular from:

(2) In the event of a breach of paragraph 1 the provider is entitled to block access to the platform in whole or in part with immediate effect and, in the case of serious or repeated breaches, to terminate the contract for cause. The provider will inform the customer in advance where this is possible and reasonable in the circumstances. Further statutory and contractual claims, in particular for injunctive relief and damages, remain unaffected.

(3) Irrespective of these contractual restrictions, the provider's statutory rights — in particular copyright, database producer rights (§§ 87a ff. UrhG) and claims under the German Unfair Competition Act — remain unaffected; they also apply to third parties not bound by contract.

Where the provider processes personal data on behalf of the customer, this is done on the basis of a data processing agreement under Art. 28 GDPR, which forms part of this contract and is made available to the customer on request. The provider takes appropriate technical and organisational measures to protect the data (encryption in transit and at rest, tenant separation, access control) and processes exclusively on servers within the European Union. The categories of processors used are set out in the privacy policy.

agentbit uses artificial intelligence. AI-generated content can contain errors ("hallucinations"). The customer is obliged to review AI-generated content before publication. The provider accepts no liability for consequential damage caused by unchecked AI output.

agentbit meets the transparency obligations of EU AI Act Art. 50: you knowingly interact with an AI system, and AI-generated content is labelled as such in the application.

The applicable prices and service packages are listed on agentbit.de. Fees are payable monthly or annually in advance by SEPA direct debit, credit card or invoice. In the event of late payment the provider is entitled to suspend the account.

The contract runs for an indefinite period. The customer may terminate at any time to the end of the month via the account settings or by email to hey@elisabit.de. After termination personal data is deleted in accordance with the privacy policy (Art. 17 GDPR); statutory retention periods remain unaffected.

The processing of personal data is governed by the privacy policy. The provider processes data exclusively on servers within the EU; details and the categories of processors can be found in the privacy policy.

The provider is liable without limitation in cases of intent and gross negligence, and for damage resulting from injury to life, body or health. In cases of simple negligence liability is limited to foreseeable damage typical of this type of contract. Any liability beyond that is excluded.

The provider reserves the right to amend these terms where the changes are objectively justified and do not unreasonably disadvantage the customer. The customer will be informed of changes by email at least 30 days before they take effect. If the customer does not object within this period, the amended version is deemed accepted.

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 or in connection with this contract is Hamburg. The place of performance is the provider's registered office. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.