General Terms and Conditions of AutoDudes GbR
(Status: 01 March 2024)

These General Terms and Conditions (GTC) apply to the services of AutoDudes GbR (hereinafter referred to as AutoDudes) and the licence packages offered.

2.1 The respective contract is concluded with AutoDudes GbR, represented by the partners André Kraus and Manuel Schnabel, Ringstr. 24, 95191 Leupoldsgrün.

2.2 AutoDudes GbR is a company under civil law with its registered office in Leupoldsgrün, whose shareholders are Mr André Kraus and Mr Manuel Schnabel.

2.3 The purpose of the company is to provide services in the field of web development. These include the in-house development and provision of tools (e.g. AI-based) as well as consulting and support for web projects. The purpose of the company is also to offer user licences for tools developed in-house (e.g. AI Suite) via its website.

2.4 If usage licences are purchased, contact is made with the AutoDudes server using the API keys purchased by the client. The client used here forwards the customer's requests for the generation of page structures, content texts, images, metadata, translations, social media posts, etc. to the AutoDudes server, which processes the requests and then forwards them to the corresponding third-party services (e.g. OpenAI, Midjourney, Google Translate, Deepl and other APIs). The result of the data generated there is in turn received by the AutoDudes server, processed for the client and returned to the client. The customer can then check the server response and the data is only saved in the customer's client once the customer has approved it.

 

3.1 The presentation of the services/licence packages (Credits) offered in the online shop does not constitute a legally binding offer, but only an invitation to submit an offer (order).

3.2 By clicking the [Buy/Order at cost] button, the customer places a binding order for the services/licence packages (Credits) listed on the order page. The contract is only concluded when AutoDudes GbR accepts the order by sending an order confirmation by e-mail to the Customer immediately after receipt of his/her order or by sending the purchased API key(s) to the Customer.

3.3 A service contract is concluded between AutoDudes GbR and the customer in the case of services in the field of web development and a mixed contract with elements of a purchase and service contract in the case of the acquisition of user licences, in which the focus is on the provision of services in the area of processing "Credits".

 

The customer agrees that an employee of AutoDudes GbR may contact him/her by telephone if the customer contacts AutoDudes GbR via the website, for example if he/she makes a contact enquiry or wishes to purchase a licence package and contacts AutoDudes GbR in this regard.

 

5.1 AutoDudes GbR has the right to refuse the conclusion of a service contract with a customer without giving reasons.

5.2 If a service contract is concluded, AutoDudes GbR undertakes to provide the customer with the acquired API keys and to process the respective requests and to provide the AutoDudes server and the client required for the processing if all requirements are met. Furthermore, AutoDudes GbR is obliged to provide the services ordered by the customer upon conclusion of a corresponding contract.

6.1 The customer must provide the information requested in the order form for opening an account completely and truthfully.

6.2 The customer undertakes not to enter any personal data in the context of his requests (enquiries) and to comply with all applicable data protection regulations and copyright provisions, in particular with regard to the use of artificial intelligence.

6.3 The customer also undertakes to comply with the terms of use applicable to the use of Artificial Intelligence, which can be accessed at https://openai.com/policies/usage-policies.

6.4 Furthermore, the customer is obliged to check all content generated on the basis of his requests/inquiries for truthfulness and correctness and to publish editorial content only if it is correct.

6.5 The customer is prohibited from

7.1 The contract concluded by the customer with AutoDudes GbR is generally not subject to a minimum term and can be cancelled in writing by either party at any time. Cancellation after fulfilment of the contract by the customer and AutoDudes GbR is no longer possible.

7.2 In the case of the purchase of licence packages (Credits), the contract ends automatically with the complete processing of the last request/Credit.

 

8.1 AutoDudes GbR shall receive remuneration from the customer for the respective service, which, unless specified below, shall be agreed separately between AutoDudes GbR and the customer.

8.2 With regard to the usage licences or licence packages offered, AutoDudes GbR currently offers the following packages at the following prices:

8.3 The prices quoted on our website for the licence packages/services offered include statutory VAT and other price components.

8.4 Payment shall be made by advance payment to the bank details provided by AutoDudes GbR.

The licence packages remain the property of AutoDudes GbR until full payment has been made.

10.1 AutoDudes GbR is only liable for damages caused by intentional or grossly negligent behaviour on the part of AutoDudes GbR or its vicarious agents in the context of the activities and obligations incumbent upon it in the context of the contractual relationship with the customer. Excluded from this is the liability for injury to life, body and health as well as the violation of essential contractual obligations, for which AutoDudes GbR is already liable in the case of slight negligence. Liability for the breach of guarantees remains unaffected.

10.2 The liability of AutoDudes GbR in the case of slightly negligent damage to property and financial losses within the scope of its activities and obligations within the framework of the contractual relationship with the customer, which are due to a breach of cardinal obligations, is limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract.

10.3 AutoDudes GbR accepts no liability for the content of external links. The respective providers are liable for this. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If AutoDudes GbR becomes aware of any legal infringements, it will remove such links immediately.

10.4 The above exclusions and limitations of liability also apply with regard to the liability of the employees, workers, staff, representatives and vicarious agents of AutoDudes GbR, in particular in favour of the partners, managing directors, employees, representatives and their members with regard to their personal liability.

10.5 In the event of any material defects, AutoDudes GbR shall be liable in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code.

10.6 AutoDudes GbR accepts no liability for errors made by the customer during the storage of data or requests or during the further processing of such data by the customer for which AutoDudes GbR is not responsible.

 

The protection of personal data is an important concern for AutoDudes GbR. Therefore, AutoDudes GbR works in accordance with the applicable legislation on the protection of personal data and data security. The separate data protection declaration sets out which personal data AutoDudes GbR collects in connection with the API key brokerage, how it is used, to whom it may be made available and which protective measures have been taken to prevent misuse of the data.

12.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions, see the following cancellation policy.

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us [AutoDudes GbR, Ringstr. 24, 95191 Leupoldsgrün, phone number: +49-176-76670381, e-mail address: service@autodudes.de] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. You can also fill in and send the sample cancellation form or another clear declaration electronically on our website (insert Internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

12.2 We inform you about the model cancellation form in accordance with the statutory provisions as follows:

(If you wish to cancel the contract, please fill out this form and send it back to us).

- To AutoDudes GbR, Ringstr. 24, 95191 Leupoldsgrün, e-mail address: service@autodudes.de:

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*

- Ordered on (*)/received on (*) 

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date __________
(*)Delete as appropriate

 

The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

The assignment of claims to which the customer is entitled from the business relationship with AutoDudes GbR requires the prior written consent of AutoDudes GbR.

 

15.1 The business relationship between AutoDudes GbR and the customer shall be governed by German law, excluding the conflict of law rules of the IPRG.

15.2 The exclusive place of jurisdiction for disputes arising from this contract is - as far as permissible - Hof.

16.1 AutoDudes GbR reserves the right to amend these General Terms and Conditions at any time, in particular with regard to the remuneration provision in § 7, especially if the general market situation, the interest rate environment, inflation or the fee, interest or remuneration structure of IBKR changes.

16.2 Amendments to these General Terms and Conditions shall be notified to the customer in writing (e-mail or fax shall suffice). They are deemed to have been approved if the customer does not object to them in writing within six weeks of receipt of the changes. AutoDudes GbR will inform the customer about the changes and will point out the objection period and the legal consequences of missing the objection period.

The objection must be addressed to:

AutoDudes GbR
Ringstraße 24
95191 Leupoldsgrün 

 

Should individual clauses of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of these clauses. They shall be replaced by formulations corresponding to the originally intended economic purpose.