Terms of Use for the Services of Vjus.AI

1. Contracting Parties

1.1 These Terms of Use ("Terms") govern the use of the Vjus.AI platform and its associated services ("Service" or "Services") by customers acting in a business capacity. Vjus.AI's services are offered only to users who are entrepreneurs as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law . Use of Vjus.AI's services by consumers as defined in Section 13 of the German Civil Code (BGB) is not permitted and is excluded. In particular, statutory consumer rights and protections (including the right of withdrawal) do not apply to the Service. Vjus.AI's services are offered exclusively under these Terms, and such customers are collectively referred to as "businesses."

1.2 Vjus.AI is operated by AtWize Business Services GmbH ("Vjus.AI", the "Provider", "we" or "us"), a company incorporated under German law. The Provider and the Customer ("you") agree that the contractual relationship relating to the service is governed exclusively by these terms and conditions. Any general terms and conditions of the Customer are hereby expressly rejected and shall not apply.

1.3 Any differing or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly offered or accepted them in text form in accordance with § 126b of the German Civil Code (BGB).

2. Services

2.1 The provider offers a software platform that enables business customers to analyze their brand visibility in responses from AI platforms (Large Language Models). The service includes, in particular, the analysis of brand mentions, ranking, sentiment, context, and source attribution in the AI platform responses – both for the customer's brand and for competitors selected by the customer. The specific functionalities of the service are detailed on our website .

2.2 Vjus.AI is entitled to make reasonable changes to the service (e.g., to improve performance or to comply with legal requirements), provided that these changes do not eliminate essential core functions of the service. You will be informed of any significant changes in a timely manner and in an appropriate manner.

2.3 The service transmits prompts configured by the customer via the respective APIs or browser input to third-party AI platforms (currently including OpenAI/ChatGPT, Google/Gemini, xAI/Grok, Perplexity, and Claude/Anthropic) to generate the analytics data provided to the customer. The prompts may contain the customer's brand names, competitor names, industry information, and location and regional data. To ensure that the analysis reflects actual visibility from the end-user perspective, the transmission occurs primarily via the AI platforms' regular user interfaces and not exclusively via APIs. The processing of the prompts by these third-party AI platforms is subject to their respective terms of service and privacy policies. When used via the regular user interfaces, the AI providers may use the transmitted input, according to their respective terms of service, to improve and train their models. Where individual AI platforms are connected via API access, the providers state that the transmitted data is not used for model training. Vjus.AI has no influence on the data processing practices of the AI platforms and makes no warranty or guarantee regarding the data processing methods of third-party AI providers. This type of interaction is essential for the accuracy of the visibility analysis. Data submitted by the customer may be processed by the AI platforms for their own purposes, including model training.

2.4 Vjus.AI uses LLM-based technologies to generate data for analysis by the customer. Access to and availability of LLMs is not entirely within our control; therefore, Vjus.AI does not guarantee that the service will be error-free and available without interruption. However, we will make commercially reasonable efforts to remedy significant disruptions to the service without undue delay.

2.5 Unless expressly agreed otherwise in writing, we do not guarantee the achievement of specific results or successes through the use of the service.

2.6 Vjus.AI is entitled to engage subcontractors and third-party providers (including AI platform and cloud infrastructure providers) for the provision of the service. The customer acknowledges that the service is based on third-party AI platforms, in particular ChatGPT (OpenAI), Gemini (Google), Grok (xAI), Perplexity, and Claude (Anthropic), and that the selection, addition, and replacement of these providers are at Vjus.AI's discretion, provided that the overall functionality of the service is not materially affected. A current list of the third-party AI platforms used by the service is available on the Vjus.AI website or upon request. Third-party AI platforms may change their terms of service, technical capabilities, or access policies at any time in a manner that affects the availability, scope, or functionality of the service . Vjus.AI will promptly notify customers of any changes made by an AI provider that materially affect the service and will make commercially reasonable efforts to mitigate the impact of such changes.

3. Customer's obligations

3.1 The customer agrees to use the service exclusively for lawful business purposes and in compliance with all applicable laws. All access and login data must be treated confidentially and protected from unauthorized access by third parties. The customer is solely responsible for ensuring that all data and content transmitted or processed via the service does not infringe the rights of third parties or violate any laws (e.g., copyright, intellectual property rights, or other applicable laws, no uploading of impermissible content or personal data without the required consent). If the customer provides personal data of third parties in input prompts or brand settings (e.g., names of individuals associated with competing companies), the customer is responsible for ensuring that there is a lawful basis, in accordance with applicable data protection laws, for the disclosure to Vjus.AI and its onward transfer to third-party AI platforms. Data transmitted via the service may be processed by the AI platforms in accordance with their respective terms of service (see section 2.3). This processing may include the use of the transmitted data for model training purposes.

3.2 You must refrain from decompiling, reverse engineering, or otherwise misusing the service. In the event of a breach of these obligations, we are entitled, after prior reasonable notice and to the extent reasonable, to temporarily suspend or restrict your access to the service and/or terminate the contract for cause in accordance with these Terms of Use.

4. Remuneration, terms of payment and offsetting

4.1 The customer shall pay the agreed remuneration for the service in accordance with the order or the contract document (including any price information published on our website). All prices are exclusive of applicable value added tax or other sales taxes required by law.

4.2 Vjus.AI will invoice the remuneration according to the agreed billing period (e.g., monthly or annually in advance). Invoices can be processed through a payment service provider, e.g., Stripe, or created directly by us, depending on the individual agreement. Unless otherwise agreed in writing, the invoice amount is due within 14 calendar days of the invoice date (receipt of payment). Payment is made using the agreed payment method (e.g., bank transfer to the specified account or credit card). If the customer defaults on payment, Vjus.AI is entitled to charge default interest in accordance with Sections 288 Paragraph 2, 286 of the German Civil Code (BGB) (currently 9 percentage points above the ECB base rate for B2B transactions ) from the due date. After a reminder and the granting of a reasonable grace period, we also reserve the right to block access to the service until the outstanding amounts have been paid in full.

4.3 The customer is only entitled to offset their own claims against Vjus.AI's payment claims if these counterclaims are acknowledged by us or have been legally established. Accordingly, you are not authorized to withhold or reduce payments by offsetting any claims against us unless these claims are acknowledged by us or have been legally established. The customer is only entitled to a right of retention or the right to refuse performance if the underlying claim arises from the same contractual relationship and is undisputed or has been legally established. These restrictions serve to ensure the timely fulfillment of payment obligations and do not affect your right to assert damages or other claims separately.

5. Contract duration and termination

5.1 The contract for the use of the Vjus.AI service is concluded upon acceptance of these terms and conditions by the customer and the creation of an account or the other conclusion of an agreement regarding the service. The term of the contract corresponds to the duration specified in your order (e.g., monthly or 12 - month subscription or any other agreed subscription period) or, if no fixed term is agreed, is concluded for an indefinite period.

5.2 Unless otherwise agreed, the following applies: Regardless of the term, a subscription may be terminated by either party at any time with effect from the end of the current, agreed billing period, subject to thirty (30) days' notice. In the case of an open-ended contract, either party may terminate the contract with thirty (30) days' notice to the end of a calendar month, unless a different notice period has been agreed upon in writing. If automatic renewal is agreed upon, the contract continues according to the agreed renewal terms unless notice of termination or objection to the renewal is given in a timely manner. Notices of termination must be in writing (e.g., via email).

5.3 Each party is entitled to terminate the contract with immediate effect for good cause if the legal requirements for doing so are met. Good cause for Vjus.AI exists in particular if the customer materially breaches these terms and conditions (e.g., by failing to comply with the contract,misuse of the service or repeated payment default) and the breach is not remedied despite a warning, or if the customer becomes insolvent. In the event of extraordinary termination by Vjus.AI, we are entitled to immediately block the customer's access to the service.

5.4 Upon termination or expiry of the contract, we will deactivate the customer's account and discontinue the provision of the service. The customer may request the export of their data (including brand configurations, prompts, and analysis results) in a commonly used, machine-readable format within thirty (30) days of the effective date of termination. After this period, Vjus.AI will delete all customer data within a further maximum sixty (60) days, unless statutory retention obligations (in particular pursuant to Sections 147 AO, 257 HGB) require longer storage. Vjus.AI will confirm the deletion in writing upon request. Prepaid fees for periods after the contract's termination will only be refunded proportionally if the customer terminates due to a material breach of contract by Vjus.AI that has not been remedied after a reasonable period of at least thirty (30) days. In all other cases, the fee arrangements stipulated in the main contract will apply. Provisions that, by their nature, are intended to continue beyond the contract's termination (such as confidentiality, liability, and choice of law) will remain unaffected by the termination. Data transmitted to third-party AI platforms as part of the service provision cannot be deleted or retrieved by Vjus.AI after termination of the contract.

6. Intellectual Property and Data

6.1 All intellectual property rights in and related to the service (including, but not limited to, software, algorithms, models, and documentation) belong exclusively to and remain with Vjus.AI. For the duration of the contract, we grant the customer a limited, non-exclusive, non-transferable right to use the service for the customer's internal business purposes in accordance with these terms and conditions.

6.2 The customer retains ownership of all data, content, and materials that they upload to or otherwise provide to Vjus.AI ("Customer Data"). By submitting Customer Data, you grant Vjus.AI the right to process and use this data only to the extent necessary for providing the service and fulfilling our contractual obligations. We process customer data in accordance with applicable data protection laws and our privacy policy and will not use or disclose your customer data for other purposes or to third parties without your consent, unless otherwise specified in these terms and conditions. Vjus.AI does not use customer data – including brand information, competitor data, input prompts, and analysis results – to train, improve, or develop its own or third-party machine learning models or algorithms without first obtaining the customer's written consent. This restriction does not apply to data that has been irreversibly anonymized. The service transmits customer-configured prompts to third-party AI platforms primarily via their regular user interfaces and not exclusively via dedicated APIs (see section 2.3). The AI platforms may use the transmitted data—including brand names, competitor names, location data, and industry information contained in the prompts—for their own purposes, in accordance with their respective terms of service, which may include model training. Vjus.AI has no means of preventing such use by the AI platforms and makes no representation that transmitted data will not be used by the AI platforms for model training. Insofar as individual AI platforms are connected via API access, the transmitted data is not used for model training, according to the respective provider. Vjus.AI will inform the customer immediately if it becomes aware that an AI provider has substantially changed its data processing practices in a way that significantly expands the extent to which customer data is used for model training or other purposes beyond response generation . Upon termination of the contract and at your request, we will delete or return all remaining customer data in accordance with section 5.4 of these terms and conditions, unless we are legally obliged to retain it.

7. Limitation of Liability

7.1 Vjus.AI is liable without limitation for damages resulting from intent or gross negligence on the part of Vjus.AI, its legal representatives, or agents. Furthermore, we are liable without limitation for damages resulting from injury to life, body, or health caused by a culpable breach of duty.

7.2 In cases of simple negligence, Vjus.AI is only liable for breaches of essential contractual obligations. Essential contractual obligations (cardinal obligations) are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

7.3 Vjus.AI excludes liability for negligent breaches of non-essential contractual obligations.

7.4 To the extent that the liability of Vjus.AI is limited or excluded under the above provisions, this shall apply to the same extent to the personal liability of the officers, employees, agents and subcontractors of Vjus.AI.

7.5 The customer shall indemnify Vjus.AI against all third-party claims arising from the customer's unlawful use of the service or from the customer's culpable breach of these terms and conditions, provided the customer is responsible for such breach. This indemnification obligation expressly includes claims by data protection supervisory authorities or data subjects under Articles 77 to 84 of the GDPR, insofar as these claims are attributable to a breach of the customer's obligations under Section 3.1 of these terms and conditions. The customer's indemnification obligation shall be reduced to the extent that Vjus.AI has contributed to the damage through its own fault (Section 254 of the German Civil Code).

8. Reference citation

We are entitled to publicly name the customer as a reference customer for marketing and advertising purposes. In particular, we may use the customer's name, logo, and general branding in reference lists, on our website, in presentations, and in other online and offline marketing materials, provided this is done objectively and appropriately. This right continues even after termination of the contract unless the customer objects to such use in writing for legitimate reasons. In this context, we will not disclose any confidential information of the customer.

9. Final Provisions

9.1 These terms and conditions, as well as any disputes arising out of or in connection with them, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is Munich, Germany, provided the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law . The right of each party to seek preliminary legal protection from any competent court remains unaffected.

9.3 The service provider is AtWize Business Services GmbH, Baaderstrasse 40, 80469 Munich, Germany. For questions or comments regarding these terms and conditions, please contact us at support@vjus.ai. Our legal notice and privacy policy can be found on our website.

9.4 The German version of these Terms of Use is authoritative and binding for the contractual relationship. Any English translations or versions are provided solely for convenience; in case of discrepancies, the German text prevails.

9.5 We are entitled to amend or supplement these terms and conditions with future effect. We will inform existing contractual relationships of planned changes in writing (e.g., by email, fax, or email). We will inform you (e.g., by email ) at least six weeks before the intended effective date of the changes. The changes will be deemed approved if the customer does not object in writing within this period; we will expressly point out this consequence in the notification of changes. If the customer objects, either party is entitled to terminate the contract with effect from the date the changes take effect.

9.6 These terms and conditions, together with the respective orders or contractual documents that refer to them, constitute the entire agreement between Vjus.AI and the customer regarding the service. There are no oral side agreements or representations that are not set forth in writing in this contract. Amendments or additions to this contract must be in written form (e.g., confirmation by email), unless a stricter form is prescribed by law. This also applies to a waiver of the written form requirement.

9.7 Should any provision of these terms and conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed upon which most closely approximates the economic purpose of the invalid provision. If such an agreement cannot be reached, the relevant statutory provisions shall apply.