General Terms and Conditions (GTC)
for the Use of the IQBID AI Service

§ 1 Scope of Application and Service Provider

(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts between PAD GmbH, Auf dem Bruch 52b, 45475 Mülheim an der Ruhr, Germany, registered in the commercial register of the District Court Duisburg under HRB 31821, represented by the Managing Director Edgar Masch (hereinafter referred to as the "Provider"), and its customers (hereinafter referred to as the "User") regarding the use of the AI-powered service operated via iqbid.ai (hereinafter referred to as the "Service" or "IQBID AI").

(2) The Service is intended for both consumers within the meaning of § 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of § 14 BGB. Where provisions apply exclusively to consumers or exclusively to entrepreneurs, this shall be expressly indicated.

(3) Deviating, conflicting, or supplementary general terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

(4) The version of these GTC valid at the time of contract conclusion shall be decisive.

§ 2 Description of Services

(1) The Provider grants the User access via the iqbid.ai platform to various third-party AI models. The Service enables the generation of texts, images, audio and video content, as well as other content via corresponding interfaces (APIs) from providers such as OpenAI, Anthropic, DeepSeek, Stability AI, Midjourney, and others.

(2) The specific scope of functions, available models, quotas, and limitations are determined by the respectively selected tariff plan and the service description on iqbid.ai at the time of contract conclusion.

(3) The Provider reserves the right to modify, add, or discontinue individual AI models or functions, insofar as this is reasonable for the User, particularly if third-party providers discontinue their models, make technical changes, or adjust their terms.

(4) The Provider does not guarantee any specific success of AI generations. AI models generate results probabilistically; no warranty is provided regarding the factual accuracy, currency, completeness, or lawfulness of the generated content.

(5) The Service is offered with an average annual availability of 98% calculated on a yearly basis. Excluded from this are periods during which the Service is unavailable due to force majeure, maintenance work, or disruptions outside the Provider's sphere of responsibility (in particular, failures of third-party service providers and third-party AI models).

§ 3 Registration and User Account

(1) Full use of the Service requires registration with a valid email address and the creation of a user account.

(2) The User warrants to provide truthful and complete information during registration and to update their data promptly in the event of changes.

(3) At the time of contract conclusion, the User must be at least 16 years of age. For minors aged 16 or older, the consent of legal guardians is additionally required.

(4) The User is obliged to keep their access credentials confidential and to protect them from access by third parties. In the event of knowledge or suspicion of unauthorized use, the Provider must be notified immediately.

(5) The creation of multiple accounts for the purpose of circumventing limits, blocks, or tariff restrictions is prohibited.

(6) No entitlement to registration or provision of the Service exists. The Provider may refuse registration without stating reasons.

§ 4 Conclusion of Contract

(1) The presentation of the Service and tariff plans on iqbid.ai does not constitute a legally binding offer, but rather an invitation to submit an offer.

(2) During the ordering process, the User selects the desired tariff plan or credit package and submits their offer by clicking the button labeled "order with payment obligation" (or a correspondingly clear formulation).

(3) The contract is concluded upon acceptance by the Provider. Acceptance is effected by activating the ordered scope of services in the User's account and by sending a separate confirmation email.

(4) The automatically generated order receipt does not constitute acceptance of the offer.

(5) The contract text is stored by the Provider. The User receives the contract text and these GTC via email. The User may request separate access to the contract after its conclusion by contacting company@iqbid.ai.

§ 5 Subject Matter of the Contract: Subscription and Credits

(1) The Provider offers two different models:

• Subscription: time-limited usage entitlement with a defined monthly or annual scope of services against recurring payment.
• Credits / One-time packages ("Pay once"): one-time acquisition of a specific credit quota that can be used for Service access in accordance with the respective model consumption rates.

(2) Credits have no cash value, are not exchangeable for cash, and are non-transferable. Unless expressly stated otherwise in the tariff description, unused credits expire twelve (12) months after purchase.

(3) The advertising claim "Pay once, own forever" refers to the perpetual existence of the acquired credit balance within the stated expiration period, as well as to the unlimited-in-time usage right for content lawfully created by the User (cf. § 8). This does not create any entitlement to unlimited availability of specific AI models, functions, or API connections.

(4) In the event of account deletion or contract termination, unused credits shall expire without entitlement to reimbursement, unless mandatory legal provisions stipulate otherwise (in particular, the right of withdrawal pursuant to § 9).

§ 6 Prices, Payment, Due Dates

(1) The prices displayed on iqbid.ai at the time of order shall apply. All prices for consumers are final prices including statutory VAT. For entrepreneurs, prices are net prices plus the applicable statutory VAT.

(2) Payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. The User may pay using the payment methods offered on the platform (credit card, SEPA direct debit, and possibly others).

(3) For subscriptions, the fee is due in advance upon contract conclusion or at the beginning of the respective billing period (monthly or annually). For credit packages, the purchase price is due immediately upon contract conclusion.

(4) Invoicing is carried out electronically. The User consents to receiving invoices in electronic form (PDF via email or provision in the user account).

(5) In the event of payment default, the Provider is entitled to suspend access to paid functions. Statutory provisions on default, in particular § 288 BGB, remain unaffected.

(6) The User may only offset claims that are undisputed or have been finally adjudicated. A right of retention is granted to the User only to the extent that their counterclaim is based on the same contractual relationship. In relations with consumers, statutory provisions apply without restriction.

§ 7 Term, Renewal, and Termination of Subscriptions

(1) The term of a subscription is determined by the selected tariff plan (in particular, monthly or annual subscription).

(2) Subscriptions automatically renew for the respective minimum term unless terminated with one (1) month's notice prior to expiration of the current term. In relations with consumers, the following applies: After automatic renewal, the subscription may be terminated at any time with one (1) month's notice (§ 309 No. 9 BGB).

(3) Termination may be effected at any time via the termination function ("Terminate contracts here") in the user account or by email to company@iqbid.ai. Termination in text form (email) is sufficient.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) Fees already paid are not refunded pro rata upon ordinary termination; the Service remains available to the User until the end of the paid period.

§ 8 Rights to Generated Content

(1) To the extent permitted by applicable law, the Provider grants the User, with respect to content lawfully generated by them via the Service ("Output"), a usage right that is unlimited in time, territory, and content, transferable, and sub-licensable. Commercial use is permitted.

(2) The User is advised that AI-generated content, according to the currently prevailing view in Germany and the EU, is generally not protected by copyright due to the lack of personal intellectual creation (§ 2 para. 2 of the German Copyright Act). Copyright protectability of the Outputs is not warranted.

(3) The Provider assumes no liability for the legal clearance of generated content. In particular, Outputs may infringe trademarks, works, or personality rights of third parties. Legal review and indemnification are the responsibility of the User.

(4) The User grants the Provider a simple, non-exclusive, royalty-free right to use their inputs (prompts) and generated content, insofar as this is necessary for providing the Service, error correction, ensuring platform security, and fulfilling legal obligations. Use for training third-party AI models occurs only to the extent that the respective third-party AI providers provide for this in their terms; the User has the option to disable corresponding data transfers in their account in accordance with third-party providers' terms, insofar as technically feasible.

§ 9 Right of Withdrawal for Consumers

(1) Consumers have a statutory right of withdrawal in accordance with the withdrawal instructions attached to these GTC as an appendix.

(2) For contracts concerning the supply of digital content not supplied on a tangible medium, the right of withdrawal expires prematurely pursuant to § 356 para. 5 BGB if the Provider has begun performance of the contract after the consumer:

• has expressly consented to the commencement of contract performance before the expiration of the withdrawal period, and
• has confirmed their awareness that by giving their consent, they lose their right of withdrawal upon commencement of contract performance.

(3) The consent and confirmation of awareness pursuant to paragraph (2) shall be declared by the consumer during the ordering process by actively checking the corresponding box ("checkbox").

§ 10 Obligations and Prohibited Uses

(1) The User undertakes not to use the Service for the creation, distribution, or storage of content that:

• violates applicable law, in particular criminal law, copyright, personality rights, trademark law, or data protection law;
• glorifies violence, is pornographic, sexualizes minors, or contains terrorist, extremist, or anti-constitutional content;
• serves deception, manipulation, identity theft, or deepfake misuse;
• is intended to replace medical, legal, or financial advice to third parties where professional licensure is required for such activities;
• constitutes spam, mass advertising, or automated requests outside the prescribed API limits.

(2) The User is responsible for all prompts entered under their account and for all generated content.

(3) The User is advised that AI providers (e.g., OpenAI, Anthropic, DeepSeek, etc.) apply their own usage policies ("Usage Policies"), which apply additionally. Violations may result in the blocking of individual models or the entire account.

(4) The User is obliged to label AI-generated content for third parties as AI-generated in accordance with the requirements of Regulation (EU) 2024/1689 ("AI Act"), insofar as provided therein.

§ 11 Suspension and Termination for Good Cause

(1) The Provider is entitled to temporarily suspend the User's account or to terminate the contract extraordinarily without notice if the User breaches material obligations under this contract, in particular those under § 10.

(2) In the case of serious violations (e.g., generation of illegal content, abusive multiple registrations), suspension may also occur without prior warning.

(3) Fees already paid are not refunded in such cases, insofar as the User is responsible for the grounds for termination.

§ 12 Warranty

(1) For contracts concerning digital products (§§ 327 ff. BGB), statutory rights in the event of defects apply.

(2) The Provider warrants the contractually agreed functionality of the Service, but not any specific content-related result of AI generations (cf. § 2 para. 4).

(3) If the User is an entrepreneur, the warranty period is one (1) year from provision. In relations with consumers, statutory periods remain unaffected.

§ 13 Liability

(1) The Provider shall be liable without limitation for damages resulting from injury to life, body, or health based on a negligent or intentional breach of duty, for other damages based on an intentional or grossly negligent breach of duty, and pursuant to the provisions of the Product Liability Act.

(2) In the case of slight negligence in the breach of material contractual obligations (cardinal obligations), the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the User may regularly rely, liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion.

(3) Otherwise, the Provider's liability is excluded.

(4) The Provider assumes no liability for the factual accuracy, completeness, currency, or lawfulness of content generated by AI models (Output). The User is obliged to independently verify generated content before further use.

(5) The Provider assumes no liability for failures or functional limitations attributable to force majeure, internet disruptions, changes or failures at third-party AI providers, or maintenance work.

(6) The aforementioned liability limitations also apply in favor of the Provider's legal representatives, employees, and vicarious agents.

§ 14 Data Protection

The Provider processes the User's personal data in accordance with the provisions of the GDPR and the BDSG. Details are set out in the Privacy Policy at: https://iqbid.ai/privacy-policy.

§ 15 Amendments to the GTC

(1) The Provider is entitled to amend these GTC with effect for the future, insofar as this is necessary due to changes in legislation, case law, technical requirements, security requirements, or adaptations of the service spectrum, and provided that the amendment does not unreasonably disadvantage the User.

(2) Planned amendments shall be communicated to the User in text form at least six (6) weeks prior to their entry into force. If the User does not object within six (6) weeks after receipt of the notification, their consent shall be deemed granted. This consequence is separately highlighted in the notification. If the User objects, the Provider is entitled to terminate the contract in the ordinary manner.

§ 16 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers with their habitual residence in another EU Member State, the mandatory protective provisions of the law of that state remain unaffected (Art. 6 Rome I Regulation).

(2) The place of performance and exclusive jurisdiction for all disputes arising from this contract is the Provider's registered office, provided that the User is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in the Federal Republic of Germany.

(3) The European Commission provides a platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr/. The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory regulation.