Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions (hereinafter "Terms") apply to all contracts between Scramble Cloud UG (haftungsbeschränkt), Heinrich-Böll-Weg 25, 30629 Hannover, Germany (hereinafter "Provider" or "we") and the customer (hereinafter "Customer" or "you") regarding the use of the AI platform "Lurus" (hereinafter "Service" or "Platform").

(2) These Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

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

(4) An integral part of these Terms is the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, which governs the rights and obligations of the parties regarding the processing of personal data. By agreeing to these Terms, the Customer also agrees to the DPA. The DPA takes effect upon the Customer's registration with Lurus.

§ 2 Conclusion of Contract

(1) The presentation of the Service on our website does not constitute a legally binding offer, but an invitation to submit an offer.

(2) The Customer submits a binding offer to conclude a usage contract by completing the registration process and selecting a paid subscription.

(3) The contract is concluded when we accept the Customer's offer by activating access and sending a confirmation email.

(4) The contract text is stored by us. The Customer can view the contract text at any time in their user account.

§ 3 Service Description

(1) Lurus is a web-based AI platform that provides businesses with access to various AI language models and features. The specific scope of services depends on the subscription selected by the Customer.

(2) The Service is provided as Software-as-a-Service (SaaS) and made accessible via the Internet. The Customer receives a non-exclusive, non-transferable right of use limited to the term of the contract.

AI Models

The Service provides access to various AI language models from leading providers (e.g. OpenAI, Anthropic, Google, Meta). The Provider reserves the right to add, modify or remove individual models, provided this is reasonable for the Customer and the essential scope of services is maintained.

Integrations

Depending on the subscription, the Customer can connect external services (e.g. Google Workspace, Microsoft 365) with the Platform. The use of these integrations is additionally subject to the terms of use of the respective third-party providers. The Provider assumes no warranty for the availability and functionality of third-party services.

§ 4 Registration and User Account

(1) Use of the Service requires registration and creation of a user account. The Customer is obliged to provide truthful and complete information during registration and to keep this information up to date.

(2) The Customer is responsible for keeping their access data confidential and is liable for all activities carried out via their account.

B2B Offering – Exclusion of Consumers

The services of the Provider are exclusively aimed at businesses within the meaning of § 14 BGB (German Civil Code). A business is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Use by consumers (natural persons who act for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity) is excluded.

By registering and using the Platform, the Customer bindingly confirms that they are acting as a business.

Account Security

The Customer undertakes to inform the Provider immediately if there are indications of misuse of their account. The Provider recommends activating two-factor authentication for additional account protection.

Team Features

With team subscriptions, the account holder can invite additional users. The account holder is responsible for compliance with these Terms by all invited team members and is liable for their violations.

§ 5 Subscription and Token Quota

The Service is offered in various subscription tiers with different scopes of services. The use of AI models is based on a token-based system.

Subscription Tiers

The available subscription tiers differ in monthly token quota, number of available team seats and range of features:

Token Consumption

(1) Tokens are consumed for each interaction with the AI models. Consumption varies depending on the model, input length and response length.

(2) Unused tokens expire at the end of the billing period and are not carried over to the next period.

(3) Current token consumption can be viewed at any time in the user account.

Renewal and Term

(1) The subscription runs for the selected billing period (monthly or yearly) and automatically renews for another period of the same length if not cancelled before expiry.

(2) For annual payment, the Provider grants a discount of 10% compared to monthly payment.

§ 6 Prices and Payment

(1) All prices are quoted in Euros and are exclusive of statutory VAT unless otherwise stated.

(2) Current prices can be viewed on the Provider's website and apply at the time of order.

Payment Methods

Payment is processed through our payment service provider Mollie. Accepted payment methods include credit card, Apple Pay, Google Pay and other payment methods supported by Mollie – with the exception of direct debit. Available payment methods may vary by country.

Invoicing

(1) For monthly payment, the charge is made at the beginning of each billing period in advance.

(2) For annual payment, the entire annual amount is due at the beginning of the contract term.

(3) The Customer receives a proper invoice for each payment by email and in the user account.

Payment Default

(1) In case of payment default, the Provider is entitled to suspend access to the Service until outstanding amounts are settled.

(2) The Provider reserves the right to terminate the contractual relationship extraordinarily in case of repeated payment default.

§ 7 Usage Rights and Obligations

The Customer receives a non-exclusive, non-transferable right to use the Service for the duration of the contract within the framework of these Terms.

Permitted Use

The Service may only be used for lawful business purposes. The Customer may use the Service within their selected subscription for themselves and their authorized team members.

Prohibited Uses

The Customer is prohibited in particular from:

• Using the Service for illegal, discriminatory, offensive or otherwise harmful content
• Sharing access credentials with unauthorized third parties
• Reverse engineering, decompiling or disassembling the Service
• Systematic automated querying of the Service (scraping)
• Circumventing technical protection measures
• Using it to generate malware, spam or other harmful content
• Violating the rights of third parties, in particular copyright, trademark or personal rights

User Content

(1) The Customer retains all rights to the content they enter (prompts) and is responsible for its legality.

(2) The outputs generated by the Service may be freely used by the Customer within the framework of applicable laws, provided no third-party rights conflict.

(3) The Provider only stores chat histories if the Customer activates the corresponding function. With local storage activated, data is processed in accordance with our Privacy Policy.

Exclusion of High-Risk Scenarios (EU AI Act)

(1) Limited Purpose: The services and AI models provided by the Provider have expressly not been developed, trained or tested for use as a safety component or as a standalone high-risk AI system within the meaning of Regulation (EU) 2024/1689 (EU AI Act). Any use that requires such qualification constitutes non-intended use.

(2) Prohibited Activities: The Customer is prohibited from using the Services for activities classified as "high-risk" under Annex III of the EU AI Act. This includes, but is not limited to, use for:

• Biometric Identification: Remote identification of natural persons or categorization based on sensitive characteristics (e.g., political conviction, race, religion).
• Critical Infrastructure: Control or operation of safety components in water, gas, heating or electricity supply as well as in transportation.
• Education and Vocational Training: Assessment of learning outcomes, assignment to educational institutions or monitoring of examinations.
• Employment and Human Resources: Automated selection of applicants (recruiting), decisions on promotions, dismissals or algorithmic evaluation of work performance.
• Access to Essential Private and Public Services: Credit scoring, risk assessment for life and health insurance or assessment of eligibility for public social benefits.
• Law Enforcement, Migration and Administration of Justice: Risk assessments of offenders, examination of asylum applications, lie detection or support of judicial decisions.

Prohibited Practices (Unacceptable Risk)

(1) General Prohibition: The Customer is strictly prohibited from using the services or AI models of the Provider for practices that are considered an unacceptable risk and are prohibited under Art. 5 of Regulation (EU) 2024/1689 (EU AI Act).

(2) Specific Prohibitions: This includes, but is not limited to:

• Subliminal Influence and Manipulation: The use of techniques that bypass a person's consciousness, or the exploitation of vulnerabilities (e.g., due to age, disability or social/economic situation) to alter a person's behavior in a way that causes physical or psychological harm to them or others.
• Social Scoring: The evaluation or classification of natural persons over a certain period of time based on their social behavior or known personality characteristics, where this leads to disadvantageous or unfavorable treatment (e.g., denial of services without objective justification).
• Emotion Recognition in the Workplace and Educational Institutions: The use of AI systems to detect the emotional state of persons in the workplace or education settings.
• Biometric Categorization: Categorizing persons based on biometric data to draw conclusions about race, political opinion, trade union membership, religious conviction or sexual orientation.
• Scraping of Facial Images: The untargeted scraping of facial images from the internet or surveillance footage for the purpose of creating or expanding facial recognition databases.

§ 8 Availability and Support

(1) The Provider reserves the right to perform updates, upgrades and maintenance work on the Service; during these periods, the Service may be temporarily unavailable.

(2) The Provider reserves the right to further develop, modify or add features to the Service at any time, provided the essential scope of services is maintained.

Maintenance

Scheduled maintenance work is carried out outside normal business hours where possible and announced to customers in advance. Urgent security updates may require immediate maintenance without prior notice.

Customer Support

The Provider offers support via email at hello@lurus.ai. Response time is typically less than 24 hours on business days. The scope of support may vary depending on subscription tier.

§ 9 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body or health based on a negligent or intentional breach of duty by the Provider or its vicarious agents.

(2) The Provider is liable without limitation for other damages based on an intentional or grossly negligent breach of duty by the Provider or its vicarious agents.

(3) Beyond this, the liability of the Provider – regardless of the legal basis – is excluded to the extent permitted by law.

Limitation of Liability

(1) In case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of the contract.

(2) Liability is limited in this case to the average annual revenue of the Customer with the Provider, but not exceeding EUR 5,000.

(3) Any further liability for slight negligence is excluded.

(4) The above limitations of liability also apply in favor of the vicarious agents of the Provider.

Disclaimer for AI-Generated Content

(1) The Provider expressly points out that the AI language models used may be prone to so-called "hallucinations" due to their technological nature. This means that generated outputs may be factually incorrect, incomplete, misleading or otherwise erroneous without this being immediately apparent to the user. AI-generated content may contain fictitious facts, fabricated source references, incorrect calculations or legally questionable statements.

(2) The Customer is obliged to independently verify all AI-generated content for accuracy, completeness and suitability before any use – particularly before sharing with third parties, publication or use as a basis for decisions.

(3) The Provider does not warrant the accuracy, completeness, timeliness or suitability of AI-generated content for any particular purpose. Liability for damages resulting from unchecked or incorrect adoption of AI-generated content is – to the extent permitted by law – excluded.

(4) The Provider is not liable for decisions made by the Customer based on AI-generated content.

Security Risks and Manipulation Attempts

(1) The Provider points out that AI systems may generally be susceptible to manipulation attempts. These include in particular so-called "prompt injection" attacks, "jailbreaking" attempts and similar techniques where malicious actors attempt to influence the behavior of the AI system through manipulated inputs.

(2) The Provider takes appropriate technical and organizational measures to protect against such attacks but cannot guarantee absolute security.

(3) The Provider is not liable for damages caused by successful or attempted manipulations of the AI system by third parties, unless the Provider enabled such manipulations through gross negligence or intent.

(4) The Customer is encouraged to report any suspicious system behavior to the Provider immediately.

Third-Party Integrations and Autonomous Actions

(1) The Platform enables integrations with third-party services (e.g., Google Calendar, email services, cloud storage and similar applications). These integrations are activated and configured by the Customer at their own responsibility.

(2) The Customer acknowledges that when integrations are activated, the AI may autonomously perform actions in connected third-party services without prior confirmation from the Customer. By activating an integration, the Customer grants the AI permission to act independently on their behalf.

(3) The Provider assumes no liability for:

• the availability, functionality or security of third-party services;
• damages caused by incorrect, incomplete, unintended or unexecuted autonomous actions by the AI in connection with third-party services (e.g., incorrectly created calendar entries, emails accidentally sent or sent to wrong recipients, deleted or modified data);
• data loss or data protection violations caused by third-party services or autonomous AI actions;
• changes to the interfaces (APIs) of third-party providers that lead to functional restrictions or malfunctions.

§ 10 Termination

The contractual relationship can be terminated by either party ordinarily or extraordinarily for good cause.

Ordinary Termination

(1) The subscription can be cancelled at any time at the end of the current billing period.

(2) Cancellation can be made via the account settings in the Platform or by email to hello@lurus.ai.

(3) After cancellation, access remains until the end of the paid period.

Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• the Customer materially breaches these Terms
• the Customer is in default of payment despite a reminder
• insolvency proceedings are filed against the Customer's assets

Consequences of Termination

(1) Upon termination of the contractual relationship, the Customer's right of use ends. Access to the Service will be deactivated.

(2) The Customer is responsible for backing up their data before the end of the contract. The Provider is entitled to delete customer data after termination of the contract, unless statutory retention obligations apply.

(3) Fees already paid will not be refunded in case of ordinary termination by the Customer.

§ 11 Changes to the Terms

(1) The Provider reserves the right to amend these Terms with effect for the future, insofar as this is reasonable for the Customer.

(2) The Customer will be informed of changes at least 30 days before they take effect by email. If the Customer does not object to the changes within 30 days of receipt of the notification, the amended Terms shall be deemed accepted.

(3) In case of objection, the Provider may terminate the contractual relationship at the time the new Terms come into effect.

§ 12 Final Provisions

The following provisions additionally govern the legal relationship between Provider and Customer.

Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, a valid provision shall be deemed agreed which comes closest to the economic purpose of the invalid provision.

Place of Jurisdiction

If the Customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office (Hannover). However, the Provider is entitled to sue at the Customer's general place of jurisdiction.