Terms of use for Heinzel Pro

The provider is Stefan Wintermeyer, Wintermeyer Consulting, Johannes-Müller-Str. 10, 56068 Koblenz, Germany ("we"). These terms apply to every use of Heinzel Pro: the hosted service, self-hosted installations, trial periods and accounts or installations given free of charge. They supplement the order or license the use is based on. Terms of the customer that differ do not apply.

1. What Heinzel is

1. Heinzel is an AI agent. It examines servers, proposes commands and runs them as far as the customer allows it to.
2. Heinzel is based on language models. Its answers, diagnoses, reports and commands can be wrong, incomplete or unsuitable for the server at hand, even when they sound convincing. A wrong command can interrupt services, delete data or render a server unusable.
3. Rules, block lists, approvals and countersigning reduce this risk. They do not remove it.
4. We owe the agreed provision of Heinzel Pro with the functions described in the contract. We do not owe any particular result of a session, proposals free of errors, or any warranty for the security, availability or legal compliance of the customer's servers.

2. Customers

1. The customer is whoever orders Heinzel Pro or is given it: for the hosted service the tenant, for a self-hosted installation its licensee.
2. When accepting, the customer states whether it acts as a business (§ 14 BGB), as an association or other organisation, or as a private person (consumer, § 13 BGB). It warrants that the statement is true.
3. People the customer invites use Heinzel Pro on the customer's behalf. The customer makes sure they know and keep these terms. Each person confirms them when signing in for the first time.

3. Duties of the customer

1. The customer decides which servers and logins Heinzel gets, which rights (r, rw, rwx) it has there, and whether changes need an approval or a countersignature. It grants write and execute rights only for servers whose failure or loss of data it can bear.
2. The customer backs up the data of every server on which Heinzel may make changes, regularly and in proportion to the risk. The backup is kept where Heinzel cannot change or delete it, and restoring it has been tested.
3. The customer checks proposals before approving them and results after they ran. Approvals are given only by people who can judge what a command does.
4. The customer runs Heinzel only on servers it is entitled to use.
5. Where the customer chooses its own language models or providers (its own API key, its own model, its own connection), it is responsible for choosing them and for its contract with them.

4. Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for defects concealed fraudulently, and to the extent of a guarantee given expressly.
2. For a slightly negligent breach of an essential contractual duty we are liable only for the foreseeable damage typical for the contract. Essential duties are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.
3. Otherwise we are not liable for slight negligence.
4. For the loss of data we are liable only up to the effort that restoring it would have required had the customer backed it up under section 3.2.
5. Where Heinzel runs a command that the customer or one of its people approved, or that the rights granted by the customer allow without approval, contributory fault of the customer is taken into account under § 254 BGB, in particular a missing backup or a check not made.
6. Towards businesses, liability under section 4.2 is limited per calendar year to the fees the customer paid in the twelve months before the damaging event, and to no less than 5,000 euros. Claims of businesses for damages become time-barred one year after the statutory start of the limitation period; this does not apply in the cases of section 4.1.
7. These rules on liability also apply to our employees, representatives and vicarious agents.

5. Use free of charge

1. Where we provide Heinzel Pro free of charge, whether as a gift, a free account or a trial period, we are liable only for intent and gross negligence and in the other cases of section 4.1. We are liable for defects only if we concealed them fraudulently.
2. We may end a provision free of charge with one month's notice. Data the customer can export it may export until the end.

6. Consumers

1. Where the customer is a consumer, its statutory rights remain unaffected, in particular under §§ 327 et seq. BGB and under a right of withdrawal about which we inform at the time of the order. Section 4.6 does not apply to it.
2. Section 4.6 does not apply either to associations and other organisations that are not businesses.

7. Indemnity

A customer that is a business indemnifies us against claims of third parties arising from its use of Heinzel on servers it is not entitled to use, or from acting against section 3.4, to the extent it is responsible for this.

8. Changes to these terms

New versions apply only once the customer has expressly accepted them. Heinzel Pro asks for this at the next sign-in. Until then the previous version applies. If the customer does not accept, either party may end the contract with one month's notice.

9. Law and jurisdiction

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.
2. The place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law is Koblenz.
3. The German version is binding. The English one is a translation.