General Terms of Use

(1) oc8 GmbH, In der Wüste 72, 57462 Olpe (“oc8”) is the provider of the AI business orchestration platform oc8 (“Platform”). The Platform enables companies of all sizes (“Customers”) to access and use AI models (such as Claude, Gemini, GPT or a model operated by oc8 itself, each an “AI Model”) and to use functions built thereon for the processing and management of content and data, in particular through an interactive chat assistant and Capas (extensions of the Platform such as AI agents, workflows, and connectors to third-party systems).

(2) oc8’s offering is directed exclusively at business customers and not at consumers. Upon entering into this contract, the Customer represents that it acts as an entrepreneur (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB) or a legal entity or a special fund under public law. Entering into a contract with, or use of the Platform by, consumers within the meaning of Section 13 of the German Civil Code (BGB) is excluded.

(3) General terms and conditions of the Customer are explicitly excluded and shall not apply, unless oc8 has expressly agreed to their application in writing.

(1) The Platform bundles access to various AI Models in a central interface, which the Customer may use, in particular, to process inputs, content and data in chat, configure and execute workflows and agents, use interfaces (APIs), and connect Third-Party Tools and data sources. The specific functionality of the Platform is governed by the Customer’s order and the service description applicable at the time of conclusion of the contract, available at https://docs.oc8.ai.

(2) The Customer selects a hosting region when the workspace is set up; the Customer’s data is stored on servers located in that region. The hosting region cannot subsequently be changed by the Customer. The point of delivery of the services is the access point of the data center used by oc8. It is the Customer’s sole responsibility to establish and maintain the technical requirements for access to the Platform, in particular a functioning internet connection.

(3) Within the Platform, the Customer can determine which of the AI Models available from time to time are available for selection by users in its workspace (“Users”). The Customer has the option to choose between AI Models that process and store data exclusively in the European Union and AI Models that are hosted in other regions (global deployment). The Platform transmits Users’ requests or inputs (“Prompt/s”) to an AI Model and returns the results generated by the AI Model (“Output”) to the relevant User. Depending on the configuration and the feature used, the AI Model is selected either by the User or automatically by the Platform based on the respective request. If web search has not been disabled in the workspace, the AI Model may perform a web search and generate Output based on the results of such web search.

(4) The Customer may integrate systems and services from third parties (e.g., document management, email, communication tools, ticketing systems, together “Third-Party Tools”) into the Platform. The availability and functionality of integrations with Third-Party Tools are governed by the applicable service description, available at https://docs.oc8.ai, and the limitations of the respective Third-Party Tool.

(5) The AI Models and Third-Party Tools are operated by the respective provider (e.g., Google, Microsoft, Slack) under its sole responsibility and are made available subject to that provider’s contractual terms. oc8 is not responsible for the AI Models and Third-Party Tools, their availability, functionality or security, has no influence over their technical design and excludes any liability in this respect. The providers of AI Models and Third-Party Tools may change or discontinue the functions and availability of their services at any time and may thereby alter or prevent their usability within the Platform. Accordingly, oc8 does not warrant any specific availability or functionality of AI Models or integrations with Third-Party Tools. The foregoing does not apply to AI Models operated by oc8 itself; these form part of the Platform.

(6) The Customer has the option to connect AI Models via its own access credentials (API keys) to the Platform (“Bring Your Own Key”). In this case, the use and billing of the relevant AI Model is based on the contractual relationship directly between the Customer and the respective provider. oc8 only provides the technical connection of the AI Models to the Platform.

(7) oc8 is entitled to further develop the Platform and to modify, adapt, expand or discontinue functions, integrations, interfaces, AI Models and other features of the Platform, provided that the functional scope of the Platform agreed under paragraph 1 is not unreasonably impaired in aggregate when considering the changes in their entirety. oc8 is only obliged to make changes to the extent such changes are necessary to maintain the security or functionality of the Platform.

(1) Use of the Platform requires that a workspace is set up for the Customer and that the Users are registered in that workspace.

(2) The Customer is responsible for ensuring that the data provided in connection with the setup of the workspace and the administration of the customer account is accurate, complete and up to date. The Customer shall promptly update such data in the event of any changes, in particular to company, contact and billing details.

(3) The Customer may only permit access to the Platform to Users authorized by the Customer and for which the Customer has acquired the right to use the Platform. Access credentials may not be shared between different Users. The Customer is responsible for all acts and omissions of its Users in connection with their use of the Platform.

(4) The Customer and the Users are obliged to keep their access credentials for the Platform confidential and to protect them against access by unauthorized third parties. Users authorized by the Customer within the relevant workspace and acting within the scope of the permissions assigned to them shall not be considered third parties.

(1) The Customer may use the Platform free of charge with a limited number of Users and a limited usage allowance (“Free Plan”). The Free Plan is not limited in time. There is no entitlement to a particular scope of functions, availability or support under the Free Plan. oc8 may change or discontinue the Free Plan at any time giving four weeks’ notice by email.

(2) oc8 may delete Free Plan workspaces if all users have been inactive for six months, after notifying the Customer by email at least two weeks in advance.

The presentation of the Platform on our website does not constitute a binding offer. The contract is concluded (i) in the case of an order placed by the Customer via our website, upon provision of the workspace by oc8, and (ii) in the case of an offer or order form issued by oc8, upon acceptance by the Customer.

(1) oc8 grants the Customer a non-exclusive and non-transferable right to use the Platform within the scope agreed in this contract, limited to the term of the contract. The right of use expires automatically upon expiry or termination of this contract. This Section applies to the Platform operated by oc8 and to the oc8 Enterprise Edition. It does not apply to the oc8 Community Edition, which oc8 licenses separately under the GNU Lesser General Public License v3.

(2) The Customer may use the Platform only for its own business purposes and only within the agreed scope.

(3) The Customer is not permitted to: (i) distribute, rent, lease, lend, resell, or otherwise make the Platform or access to the Platform available to third parties, (ii) use the Platform to develop own products or services that have the same or substantially the same functionality as the Platform, (iii) activate or use features of the Platform for which no rights of use have been granted, (iv) modify, translate, reproduce, reverse engineer, decompile, or otherwise examine the source code of the Platform, its algorithms, or other program components, except to the extent permitted by mandatory law or permitted by the licence terms of those components of the Platform that oc8 itself makes available as open source, (v) remove, circumvent, or otherwise alter technical protection measures, copy protection mechanisms, or access control technologies of the Platform, (vi) conduct penetration tests, scans, or similar assessments of the Platform or its underlying infrastructure without oc8’s prior consent, unless otherwise agreed between the parties, (vii) remove, obscure, or alter any proprietary notices or other legal markings of oc8 or third parties.

(1) The Platform has an average monthly availability of at least 99 %.

(2) Unavailability shall mean that the Platform is not accessible or its core features cannot be used at all. No unavailability occurs where the Platform is not accessible or its core features are not usable (i) due to circumstances beyond oc8’s control, in particular force majeure events (e.g., war and war-like conditions, natural disasters, epidemics, pandemics, or failures of infrastructure providers that are themselves caused by force majeure), (ii) due to misuse or non-contractual use by the Customer, or (iii) due to scheduled maintenance in accordance with paragraph 3.

(3) oc8 may temporarily restrict access to the Platform in order to carry out scheduled maintenance. oc8 will give at least 3 days’ prior notice of scheduled maintenance and will carry out such maintenance only on weekends outside standard business hours. The total duration of scheduled maintenance may not exceed 5 hours per month.

(4) This Section does not apply to the availability of AI Models and Third-Party Tools. oc8 does not warrant any particular availability of AI Models or Third-Party Tools. This does not apply to AI Models operated by oc8 itself.

(1) Defects of the Platform shall be governed by the statutory provisions, provided that any no-fault liability for initial defects (Section 536a of the German Civil Code (BGB)) is excluded.

(2) A defect exists if the Platform, when used in accordance with the contract, materially deviates from the agreed specifications or the contractually agreed functionalities, and the cause of such deviation lies within oc8’s area of responsibility (“Error”). The Customer shall notify oc8 of any Errors without undue delay via the designated support channels and shall provide all information necessary for the analysis and reproduction of the Error.

(3) oc8 will address reported Errors within a reasonable period of time and shall, at its discretion, remedy Errors by means of rectification, updates, provision of a workaround, or an alternative solution. Prioritization shall be based on the severity and impact of the Error, taking into account oc8’s entire customer base. In the case of critical Errors, oc8 will generally provide a qualified response regarding the likely causes of the Error and the measures taken or to be taken to resolve it within one business day after proper notification of the Error.

(4) If remediation of Errors fails or is unreasonable for the Customer, the Customer has the right to reduce the remuneration by an appropriate amount. The Customer is not entitled to effect a reduction by unilaterally deducting amounts from current or future payments. Upon request, oc8 will credit any overpaid amount against the next payment due or, where this is not possible, reimburse it.

(5) The Customer shall only be entitled to terminate the contract due to an Error affecting the contractual use of the Platform if the Customer has set oc8 a reasonable deadline for remedying the Error that has expired without result, and the contractual use of the Platform is materially impaired.

(6) Any further claims shall be subject to the limitations and conditions set forth in the liability provisions of this contract.

(1) The Customer grants oc8 the non-exclusive right, limited in time to the duration of the provision of the Platform and transferable only to oc8’s sub-processors, to use the content entered, uploaded or otherwise provided by the Users or processed or created via the Platform, in particular Prompts, Outputs, files, audio recordings, transcripts, code and applications of Users, (collectively, “Customer Content”) to the extent necessary for the provision of the contractual services, including in particular to store, reproduce, modify, transmit and transfer such content to AI Models available in the Platform and to the sub-processors as well as to host and run User’s applications and make them available to the recipients designated by the User. Where the Customer or a User publishes Customer Content, in particular Capas in the capa store operated by oc8, the Customer additionally grants oc8 the right to reproduce such content and make it available to other customers of oc8 for as long as it remains published. This also applies to content generated or modified through the use of the Platform. oc8 does not acquire any further rights to the Customer Content; as between the parties, any rights to the Customer Content belong to the Customer. oc8’s rights in the Platform and its components, including oc8 components contained in applications, remain unaffected.

(2) oc8 does not use Customer Content to develop, train or improve AI Models.

(3) The Customer may only store or process Customer Content on the Platform (i) for the use of which the Customer has the rights and authorizations to the extent necessary for the performance of the contract, (ii) that does not violate applicable law and does not infringe any third-party rights (in particular trademark rights, copyrights and other intellectual property rights, as well as personality rights), and (iii) that does not contain any unlawful, racist, violence-glorifying, discriminatory or pornographic content.

(4) The Customer shall indemnify oc8 against third-party claims (including reasonable costs of legal defense) arising from the Customer not having the rights or authorizations to use the Customer Content as required for the performance of the contract or from the Customer Content otherwise violating this Section. This shall not apply to the extent oc8 is itself responsible for the claim.

(5) oc8 is entitled to delete Customer Content that does not comply with the conditions of this Section if the Customer does not delete such Customer Content within a reasonable period of time despite a request from oc8.

(6) The Customer shall be responsible for independently creating backup copies of the Customer Content.

(7) oc8 is entitled to collect telemetry data and aggregated usage statistics in connection with the use of the Platform and to analyze such data for the purpose of ensuring and improving Platform operations, troubleshooting, and internal statistical analysis. oc8 ensures that such data does not contain Customer Content or any other personal data of the Customer or its Users.

(8) If the Customer or a User provides oc8 with ideas, suggestions or other feedback relating to the Platform (“Feedback”), the Customer grants oc8 the comprehensive, irrevocable, perpetual and worldwide right to use such Feedback, in particular for the further development of the Platform.

(1) Additional contractual terms of the respective provider of the AI Model may apply to the use of AI Models via the Platform. The Customer is responsible for complying with such terms. oc8 points out that violations of such terms may result in exclusion from or restrictions on the use of the AI Models.

(2) oc8 may reasonably limit the use of specific functions, AI Models or Prompts per User within certain periods of time (fair use). Details are set out in the then-current version of the Fair Usage Policy, available at https://docs.oc8.ai. The Fair Usage Policy shall not apply to the use of AI Models where the Customer chooses the Bring Your Own Key option.

(3) Output generated by AI Models may be incomplete, inaccurate or misleading. oc8 does not warrant the accuracy, completeness, up-to-dateness, or fitness for purpose of the Outputs. The Customer independently verifies the fitness of any Output for the intended purpose before using it. This also applies to Output generated using web search or any research or review functions configured by oc8. Where the Customer uses the Platform in a way that actions are taken based on the Output of an AI Model without prior review, the Customer remains responsible for these actions.

(1) The Customer is prohibited from using the Platform (i) in violation of applicable law or third-party rights, (ii) for the unlawful collection or processing of data, or (iii) in an abusive manner, in particular to interfere with the integrity or availability of the Platform or to circumvent security mechanisms (e.g., by using bots, scripts or automated means to create accounts).

(2) The Customer may not use the Platform for applications or purposes that (i) are prohibited or classified as high-risk systems pursuant to Regulation (EU) 2024/1689 (AI Act), (ii) concern the operation, control or monitoring of safety-relevant components of critical infrastructure, or (iii) may, in the event of malfunction, result in significant harm to the health or death of persons.

(3) The Customer shall indemnify oc8 against third-party claims (including reasonable costs of legal defense) arising from the Customer’s use of the Platform in breach of this Section. This shall not apply to the extent oc8 is itself responsible for the claim.

(1) Fees consist of a license fee which depends on the number of Users, the selected contract term, the selected plan, or purchases for additional credit for the oc8 LLM.

(2) The agreed license fee is due at the beginning of the respective billing period. Any usage-based fees are billed monthly in arrears, unless otherwise agreed. oc8 may require a prepayment for usage-based services; in such case, usage is set off against the prepaid amount. Once the amount has been used up, oc8 may suspend the provision of usage-based services until a further prepayment is made. Any unused prepayment shall be refunded to the Customer upon termination of the contract.

(3) If the Customer adds Users during a billing period, the additional fee payable for such Users will be charged on a pro rata basis for the current billing period, taking into account the applicable volume pricing tiers and any Customer discounts. Where a maximum number of Users has been agreed, the Customer may not exceed this number without a separate agreement.

(4) If the Customer books an add-on during a billing period, the fee payable for the add-on will be charged on a pro rata basis for the current billing period.

(5) If the contract renews automatically, the then-current list price for new customers shall apply for the renewal term, provided that any discounts agreed with the Customer shall continue to apply. oc8 will notify the Customer of any price changes by email at least 30 days before the end of the applicable notice period for termination. New features or additional services shall only become part of the contract if they are made available to new customers within the subscribed plan at no additional charge, or if separately agreed between the parties.

(6) All amounts are stated in EUR and without tax. To the extent that usage-based costs are invoiced to oc8 by the respective provider of an AI Model in USD or another foreign currency, conversion into EUR shall be made on the basis of the daily market exchange rate at the time of the respective usage event (e.g., API call).

(7) Unless otherwise agreed, invoices shall be issued to the Customer in electronic form (e.g., by email). Invoices are payable within 14 days of the invoice date.

(8) The Customer may only set off claims that are undisputed or have been finally and bindingly established by a court.

(1) oc8’s liability (i) for wilful misconduct and gross negligence, (ii) for damages arising from injury to life, body, or health, (iii) where oc8 has assumed a guarantee, and (iv) where a limitation of liability is excluded by mandatory law, is unlimited in accordance with applicable law.

(2) In all other cases, oc8 shall only be liable for breach of a material contractual obligation on which the Customer is regularly entitled to rely (cardinal obligation), and in such cases only up to the amount of the foreseeable, contract-typical loss, but not exceeding in aggregate the greater of (i) the license fee paid or payable by the Customer to oc8 in the twelve months preceding the event giving rise to the claim and (ii) EUR 1,000. Any further liability of oc8 is excluded.

(3) These limitations of liability apply equally to the employees, directors, legal representatives, and vicarious agents of oc8.

(4) The Customer’s liability claims against oc8 become time-barred after one year, except for the claims set out in paragraph 1.

(5) oc8 shall not be liable for output generated by third-party AI Models. To the extent oc8 has claims against the relevant provider of the AI Model in respect of damages incurred by the Customer, oc8 shall, upon the Customer’s request, assign such claims to the Customer, provided that the provider’s contractual terms permit such assignment.

oc8 may suspend the Customer’s access to the Platform temporarily or permanently, if there are concrete indications of a breach of this contract or applicable law, or if there is another legitimate interest in the suspension (e.g., payment default, security risks, regulatory order). oc8 will notify the Customer of the suspension and its reason without undue delay by email. The suspension will be lifted once the reason for it ceases to exist.

(1) The Customer is permitted to use the Platform for the agreed contract term. The contract renews automatically (i) in the case of a monthly contract, for successive periods of one month, unless either party gives notice of termination at least 7 days before the end of the then-current term, and (ii) in the case of a contract with a term of one year or more, for successive periods of 12 months, unless either party gives notice of termination at least 14 days before the end of the then-current term. Upon renewal, the then-current list price for new customers shall apply for the renewal term, provided that any discounts agreed with the Customer shall continue to apply. oc8 will notify the Customer of any price changes by email at least 30 days before the end of the applicable notice period for termination.

(2) The right of either party to terminate for cause remains unaffected. Cause for termination by oc8 exists, in particular, if the Customer (i) is in default with a payment and fails to cure such default within 30 days of notice, (ii) repeatedly or persistently breaches material obligations under this contract despite having been requested to cease such breach, (iii) becomes insolvent or over-indebted, or (iv) if an application for the opening of insolvency proceedings over Customer’s assets is filed or such opening is refused for lack of assets.

(3) Notices of termination must be given in text form (e.g. by post or email) or via the function provided within the Platform.

(4) Upon expiry of the contract, Customer’s right to use the Platform ceases.

oc8 processes personal data on behalf of the Customer as a data processor within the meaning of Art. 28 GDPR. Upon conclusion of this contract, the Data Processing Agreement available at https://oc8.ai/dpa is automatically concluded between the parties and hereby incorporated into the contract.

(1) The parties undertake to treat all information of the other party (or an affiliated company within the meaning of Section 15 of the German Stock Corporation Act (AktG)) that is not generally known or that is, by its nature or circumstances, to be regarded as confidential, regardless of form, in particular Customer Content (including information and documents entered by Users on the Platform), trade secrets, know-how, products and code (“Confidential Information”), with strict confidence, to protect it against unauthorized access with reasonable care, to use it solely within the scope of this contract, and not to disclose or transfer it to third parties without prior consent.

(2) The confidentiality obligation shall not apply to information (i) that was known or generally accessible to the public or to the other party prior to its disclosure, or that becomes generally accessible without any breach of a confidentiality obligation, (ii) that is disclosed to a party by a third party without breach of any confidentiality obligation, or (iii) the disclosure of which is required by law or ordered by a competent court, provided that the disclosing party shall reduce the scope of disclosure to the minimum necessary and shall notify the other party thereof to the extent permitted by law.

(3) The receiving party shall, upon request by the disclosing party, return or destroy Confidential Information, unless statutory retention obligations apply.

(4) The confidentiality obligations pursuant to this Section shall continue to apply after the termination of this contract.

(1) oc8 reserves the right to amend this contract where there is a legitimate reason to do so in order to adapt the terms to changed technical or legal conditions, including changes to the terms governing the use of AI Models and Third-Party Tools, or to technical changes to the Platform. oc8 will give due consideration to the legitimate interests of the Customer in doing so.

(2) oc8 will notify the Customer of any intended amendments by email at least four weeks before they take effect. If the Customer does not object within four weeks of receipt of the notification, the amendments shall be deemed accepted with effect for the future. If the Customer objects to the amendments, oc8 shall be entitled to terminate the contractual relationship with two weeks’ notice. oc8 will notify the Customer of the effect of silence and the right to object in the amendment notification. Amendments to core contractual obligations, in particular any amendments to the fees, are excluded from this right to amend during the contract term and require the Customer’s express consent.

(1) The agreements concluded between the parties, including this contract, are governed by and construed in accordance with the law of the Federal Republic of Germany, to the exclusion of the UN Sales Law (CISG) and private international law.

(2) The exclusive place of jurisdiction shall be Olpe, Germany. oc8 shall, however, be entitled to bring claims against the Customer at its general place of jurisdiction.

(3) In the event of any conflict between the components of this agreement, the terms of the Order Form and any product-specific supplemental terms shall take precedence over these General Terms of Use.

(4) Should individual provisions of this agreement be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a legally permissible provision that comes closest to the purpose of the invalid provision