As of: 05.10.2026 (replaces all previous versions)

Preamble

Vimmera AI Solutions GmbH (hereinafter “Vimmera”) provides AI-powered software solutions and digital assistance systems (hereinafter collectively “Software Solutions”). These Software Solutions may be accessed and used at addresses provided by Vimmera, within applications and platforms, or in any other form envisaged by Vimmera. They are intended to support users in obtaining, processing, creating and providing information, and in supporting professional, technical, organisational and project-related tasks. This may include, in particular, chatbot-based assistance systems.

Vimmera offers and operates the Software Solutions as its own services. They are not sold, transferred to third parties as products, or permanently provided to third parties. Vimmera remains the operator of the Software Solutions and may enable third parties (e.g. customers, partners or service providers) to use them by granting access rights.

The Software Solutions may be used, in particular but not exclusively, for the following subject areas and use cases:

• providing and processing information about products, services, processes, projects, organisations or other professional topics,
• assistance with technical and functional questions, for example concerning systems, interfaces, configurations, components or digital processes,
• project-related, organisational or substantive assistance, for example in creating lists, structuring information, preparing concept sketches, drafts, analyses, suggestions or other supporting content,
• general assistance through AI-powered software solutions and digital assistance systems in various areas of application, including illustrative forms of use such as chatbots.

The above list is not exhaustive. The Software Solutions may also be used for other requests and use cases that are comparable or related in subject matter, function or substance, provided they are covered by the intended functionality of the relevant Software Solution and do not constitute uses that are unlawful or excluded under these terms.

Use of the Software Solutions is limited to the respective intended and permitted scope of functionality and application. In particular, any use for unlawful purposes or for content or requests that fall outside the intended scope of the relevant Software Solution is prohibited. Any further restrictions on use arising from these terms or from special provisions for individual Software Solutions remain unaffected.

The following terms are binding. Users must have read, understood and accepted them in full before using the Software Solutions. Vimmera may amend these terms in accordance with Section 19; in such case, renewed confirmation by the user may be required. Where Vimmera requires express consent (e.g. by checkbox or as part of a login process), it must be given before use.

This agreement is made available in several languages. In the event of any discrepancies or ambiguities, the German version shall be consulted as the authoritative document.

1. Scope of the Terms of Use

This Terms of Use Agreement applies to all persons who use the AI-powered software solutions and digital assistance systems provided by Vimmera (hereinafter collectively “Software Solutions”), regardless of whether they are:

• Vimmera employees,
• employees of customer companies,
• external service providers,
• users of freely accessible AI systems, e.g. via web chats embedded on websites,
• partner companies, or
• other authorised users.

The Software Solutions are intended for use in a professional or business context. If a user acts on behalf of a company, organisation or other third party, the user warrants that they are duly authorised to do so.

This Terms of Use Agreement applies to the use of all Software Solutions provided by Vimmera within the meaning of these terms, including any chatbot-based applications, platform functions, modules or other digital assistance systems, unless separate provisions apply to them.

By accessing a Software Solution for the first time and on each subsequent occasion, the user acknowledges these Terms of Use, in their current version, as binding.

1.1 Definitions

• “Software Solutions” means the AI-powered software solutions and digital assistance systems provided by Vimmera, including all associated technical components, interfaces, models, configurations, modules and user interfaces. This may include, in particular, chatbot-based applications.
• “User” means any natural person who uses a Software Solution.
• “Content” means all data and information entered, uploaded, transmitted or otherwise provided by the user, as well as all content generated, output or made available by the relevant Software Solution.
• “Read-Aloud Function” means a function in Vimmera Studio or in a Software Solution provided by or connected to Vimmera that audibly reproduces entered or output text passages using a voice provided. This also includes access via an API or other interface envisaged by Vimmera.
• “Read-Aloud Voices” means all voices provided or available for selection through a Read-Aloud Function, regardless of whether they are spoken by humans, synthetically generated or AI-generated.

2. Use for Intended Purposes

The Software Solutions are intended solely to provide support within the use cases envisaged by Vimmera and the intended functionality of each solution, in particular:

• in answering information requests,
• in assisting with typical professional, technical, organisational or project-related questions,
• in providing guidance, sample suggestions, structuring, drafts, analyses and explanatory content,
• in providing orientation, navigation and assistance with use within digital applications, platforms or other technical environments, where technically envisaged,
• and in other comparable use cases in a professional or business context.

Any use of the Software Solutions is prohibited if it

• serves unlawful, abusive or contractually prohibited purposes,
• is intended to impair, circumvent, overload or endanger the Software Solutions, their technical infrastructure or their security,
• serves to evaluate, analyse or use information for purposes outside the intended subject-matter and functional scope, or
• is incompatible with Vimmera’s legitimate interests or the permitted purpose of use being pursued.

The Software Solutions must always be used in accordance with Vimmera’s legitimate business interests and within the applicable statutory and contractual requirements. In particular, they must not be used with the aim of causing economic, legal, technical or reputational harm to Vimmera or third parties.

3. Prohibited Use

Use of the Software Solutions for illegal, abusive or otherwise impermissible purposes is strictly prohibited. This includes, in particular but is not limited to:

• creating, requesting, processing or distributing criminal, unlawful, insulting, discriminatory, extremist, racist, sexist, glorifying violence or otherwise immoral content,
• using the Software Solutions to disseminate misinformation, rumours, hate speech, manipulative content or propaganda,
• incitement to commit criminal offences, or instructing, assisting or promoting unlawful acts,
• creating, assisting with or describing malware, hacking activities, security attacks or other actions aimed at impairing IT systems,
• entering, transmitting or otherwise providing special categories of personal data contrary to the requirements of Section 6.1,
• any use that violates applicable laws, regulations, official orders or third-party rights.

The following are also prohibited, in particular:

• any use of the Software Solutions outside the respective intended and permitted scope of application and functionality,
• use in external projects or business activities, insofar as this is not covered by the intended scope of the relevant Software Solution,
• use to impair, circumvent, overload, disrupt or endanger the Software Solutions, their technical infrastructure or security mechanisms,
• any form of scraping, systematic querying, automated mass use or other automation that impairs the operation of the Software Solutions or circumvents technical protective measures,
• use to obtain, evaluate or reuse information in a manner incompatible with the intended purpose of use or Vimmera’s legitimate interests.

Use must at all times be fair, lawful and carried out with an appropriate sense of responsibility.

3.1 Compliance with the EU AI Act (Regulation (EU) 2024/1689) and Statutory Requirements

The Software Solutions may be used only in accordance with the applicable statutory provisions. This includes, in particular, Regulation (EU) 2024/1689 (Artificial Intelligence Act, “EU AI Act”), as amended from time to time.

Users must not use the Software Solutions, or use them to prepare, enable, instruct or support, actions that are prohibited or impermissible under the EU AI Act or other applicable law.

In particular, it is prohibited to use the Software Solutions, directly or indirectly, for or in connection with:

• manipulative or deceptive techniques that may materially distort people’s behaviour and are therefore likely to cause significant harm,
• exploiting vulnerabilities, particularly due to age, disability, or social or economic circumstances, with the aim or effect of harmful behavioural influence,
• “social scoring”, i.e. evaluating or classifying people over an extended period based on social behaviour or inferred personal characteristics, insofar as this results in unjustified or disproportionate disadvantage,
• risk assessments to predict the commission of criminal offences, where these are based solely on profiling or personal characteristics,
• building or expanding facial recognition databases by untargeted scraping of facial images, particularly from the internet or video surveillance footage,
• emotion recognition in the workplace or in educational institutions, unless exceptionally permitted under applicable law,
• biometric categorisation to infer sensitive characteristics, particularly ethnic origin, political opinions, trade union membership, religion or beliefs, or sex life or sexual orientation,
• real-time remote identification using biometric data in publicly accessible spaces for law enforcement purposes, unless expressly permitted in the individual case under applicable law.

The above examples apply in addition to the other prohibitions and restrictions in this Terms of Use Agreement. They do not limit the other provisions.

3.2 Additional Use Restrictions Arising from Integrated AI, LLM and Cloud Providers

Depending on their technical design, the Software Solutions may integrate AI models, language models, cloud services, transcription services, vector databases, security filters, moderation systems or other technical services provided by external providers. These may include providers such as Microsoft Azure, OpenAI, Mistral AI or comparable technology providers.

Use of the Software Solutions is permitted only insofar as it is also consistent with the current usage policies, security requirements, Acceptable Use Policies, Codes of Conduct and other provider terms of the integrated providers. In the event of any discrepancy between these Terms of Use and the requirements of integrated providers, the stricter requirement shall prevail in case of doubt.

Users must not submit inputs, upload content or engage in use that would cause Vimmera, integrated providers or other technical service providers to process anything prohibited under their terms of use, security policies or legal requirements. This applies even if such use appears technically possible or is not directly blocked by the Software Solution.

Vimmera may block, filter, reject, restrict or suspend requests, inputs, outputs, functions or uses, in whole or in part, if this is necessary or appropriate to comply with legal requirements, these Terms of Use, the terms of use of integrated providers or technical security requirements, or to prevent abuse. There is no entitlement to the generation, display, storage or delivery of content that violates or may violate such requirements.

3.2.1 Terms of Use of Integrated AI, Model and Infrastructure Providers

Vimmera’s Software Solutions may integrate technical components, models, interfaces, cloud services, language models, transcription services, embedding models, image, audio or other AI services provided by external providers. These may include providers such as Microsoft Azure, OpenAI, Mistral AI or other technology, model or infrastructure providers used by Vimmera.

Accordingly, use of the Software Solutions is also subject to the applicable terms of use, Acceptable Use Policies, Usage Policies, Codes of Conduct, security requirements, product terms and other binding requirements of the respective integrated providers, as amended from time to time.

The user is obliged to use the Software Solutions only in a manner consistent both with these Terms of Use and with the applicable provider terms. This applies regardless of whether the user is a direct contractual partner of the relevant provider.

Where provider terms impose stricter, broader or additional restrictions, these must also be observed. Vimmera may reject, restrict, suspend or terminate uses, content, inputs, outputs or use cases if they violate legal requirements, these Terms of Use or the terms of integrated providers, or if Vimmera considers that there is a corresponding risk.

This applies in particular to uses relating to:

• unlawful, harmful, deceptive, abusive or discriminatory content,
• weapons, ammunition, explosives, or military or wartime use,
• chemical, biological, radiological or nuclear hazardous substances,
• cyberattacks, malware, circumventing security mechanisms or unauthorised access,
• biometric identification, surveillance, profiling or social scoring,
• high-risk decisions concerning natural persons,
• health, legal, tax, financial or insurance decisions without qualified human review,
• political manipulation, disinformation or election interference,
• exploitation, endangerment or sexualisation of minors,
• fraud, identity misuse, phishing, social engineering or other deception,
• circumventing, removing or manipulating security filters, watermarks, provenance information, Content Credentials or other protective mechanisms.

Vimmera may amend the list of providers used and the resulting use-related restrictions at any time if required by technical, legal, security-related or provider-related changes. The user is not entitled to use any particular model, provider or technical infrastructure unless expressly agreed separately.

The user acknowledges that integrated providers may block, filter, reject or technically restrict content, requests or outputs using their own security, compliance or abuse detection systems. Vimmera does not guarantee that the providers used will process or output every desired item of content or use case.

3.2.2 Order of Precedence in the Event of Provider Restrictions

In the event of any conflict between these Terms of Use and the mandatory applicable terms of integrated AI, model, cloud or infrastructure providers, the stricter or broader restriction on use shall apply, insofar as necessary to comply with legal, contractual, security-related or provider-related requirements.

3.3 Prohibition on Military, Weapons-Related and Security-Critical Use

Any use of the Software Solutions for or in connection with military, wartime, weapons-related or comparably security-critical purposes is prohibited, unless expressly reviewed and approved in writing by Vimmera in the individual case and compatible with applicable law and the terms of use of integrated providers. Vimmera is under no obligation to review or approve such use.

Any use for the development, design, procurement, manufacture, optimisation, testing, repair, circumvention, control, target selection or deployment of weapons, ammunition, explosives, military equipment, weapons systems, drones, targeting systems, fire-control systems, or chemical, biological, radiological or nuclear weapons, substances or delivery systems is expressly prohibited.

Any use to support military or wartime operations is also prohibited, particularly tactical or operational mission planning, combat operations, target identification, target prioritisation, situational analysis directly related to deployment, development or support of autonomous or semi-autonomous weapons systems, selection or tracking of persons or objects as targets, or optimisation of decision-making processes that may directly result in the use of force, deprivation of liberty, injury to or killing of persons.

Use for military, intelligence or law-enforcement mass surveillance, creating situational assessments relating to individuals, identifying, tracking, locating or profiling persons or groups in an operational security, military or conflict context, or supporting actions that may violate human rights, international humanitarian law, sanctions law or other mandatory legal provisions is also prohibited.

Purely general, historical, political, legal, ethical or security-related discussion of such topics remains permitted, provided it does not contain operational, technical, tactical or otherwise abuse-enabling instructions and does not violate legal requirements, these Terms of Use or provider terms.

3.4 Prohibition on Impermissible Surveillance, Biometric and Profiling Use

The Software Solutions must not be used for impermissible surveillance, identification, classification, evaluation, tracking or profiling of natural persons. This includes, in particular, creating, expanding or using facial recognition databases without a valid legal basis and the consent of the persons concerned; real-time remote identification using biometric data in publicly accessible spaces; impermissible emotion recognition in the workplace or in educational institutions; biometric categorisation to infer sensitive characteristics; and any form of social scoring.

Any unauthorised aggregation, analysis, enrichment, linking, evaluation or disclosure of personal or sensitive information about individuals or groups is also prohibited, particularly where this may violate personality rights, data protection rights, equal treatment principles or other third-party rights.

3.5 Impermissible Cyber, Security and Circumvention Use

Any use of the Software Solutions to prepare, support or carry out cyberattacks, develop or use malware, engage in phishing or social engineering, commit identity theft or credential theft, circumvent technical protective measures, exploit security vulnerabilities, create or operate botnets, conduct denial-of-service attacks, gain unauthorised access to systems, data or accounts, or engage in other actions that threaten security is prohibited.

Any use to circumvent, disable, manipulate or weaken security, moderation, content, data protection, access control or abuse detection systems of Vimmera, integrated providers or third parties is also prohibited. This includes, in particular, jailbreaking, prompt injection, prompt leaking, system prompt extraction, circumvention formats, concealed requests, coded or fragmented inputs, and other attempts to deliberately bypass protective mechanisms.

3.6 High-Risk and Decision-Making Use

The Software Solutions must not be used as the sole basis for decisions that have legal effect on natural persons or may similarly significantly affect them. This applies in particular to decisions in the fields of employment, applications, selection, promotion, dismissal, performance evaluation, remuneration, education, creditworthiness, insurance, healthcare, social benefits, law enforcement, migration, asylum, border control or other areas particularly relevant to fundamental rights.

If use in such an area is intended, it requires prior separate legal, professional and technical review and express written approval by Vimmera. Such use may take place only if appropriate human oversight, professional review, documentation, quality control, data protection review and risk mitigation are ensured and applicable law and provider terms are complied with.

3.7 Other Prohibited Content and Protected Categories

Any use to create, request, process or distribute content or engage in actions relating to the following is also prohibited:

• sexual exploitation of children, depictions of the sexual abuse of minors or other material harmful to children,
• non-consensual intimate images, deepfakes, or voice or identity imitation without valid consent,
• human trafficking, exploitation, forced services or other serious violations of human dignity,
• fraud, phishing, identity misuse, deception regarding identities or the origin of content, financial fraud or other fraudulent acts,
• targeted disinformation or manipulation of democratic, governmental, judicial or public decision-making processes,
• instructing, promoting or glorifying self-harm, suicide, violence, terrorism or extremist acts,
• procuring, producing, distributing or using illegal drugs, prohibited substances, prohibited goods or illegal services,
• unlawful discrimination, hate speech, harassment, threats, intimidation or targeted denigration of persons or groups.

The above list is not exhaustive. The applicable statutory requirements, these Terms of Use and the current requirements of integrated technology providers must always also be observed.

3.8 Provider-Imposed Blocking, Filtering and Reporting

Users acknowledge that integrated AI, LLM, cloud or security providers may use their own technical safeguards, content filters, abuse detection systems and blocking mechanisms. As a result, inputs, files, content, outputs or functions may be blocked in whole or in part, shortened, not processed, not displayed or not stored.

Vimmera cannot guarantee that every request will be processed or every desired output generated. This applies particularly to requests that are legally sensitive, may violate provider terms, could be used abusively or are classified as risky by technical security systems.

In the event of serious, repeated or obviously unlawful violations, Vimmera may restrict use, block access, preserve records for evidentiary purposes and, where legally required or permitted, notify the competent bodies, authorities or integrated providers.

3.9 Protection of Minors

The Software Solutions must not be used to create, request, process, distribute or support content that may endanger, exploit, sexualise, manipulate or otherwise harm minors.

Any use in connection with depictions of child sexual abuse, Child Sexual Abuse Material, grooming, sexualised or violent role-play involving minors, arranging exploitative contact, promoting dangerous dares, self-harming behaviour, age-inappropriate content or other conduct that may endanger the well-being of children or adolescents is expressly prohibited.

If, exceptionally, the Software Solutions are to be used in an environment in which minors may be directly or indirectly affected, this requires prior express review and approval by Vimmera and compliance with special protection, information, consent and supervision obligations.

3.10 Labelling AI-Generated Content and Protecting Provenance Information

Users must not use, publish or disclose AI-generated or AI-assisted content in a manner that may mislead third parties as to whether the content was created by a human or by an AI system.

Where AI-generated texts, images, audio files, videos, voices, avatars, synthetic media or other automatically generated content are used, published or disclosed to third parties, they must be appropriately labelled as AI-generated or AI-assisted if required by law, provider terms, internal requirements or the circumstances of the individual case, or if such labelling is necessary to avoid misleading anyone. Labelling does not confer any right to use the content; in particular, the restrictions in Section 17.2 apply to Read-Aloud Voices.

In particular, it is prohibited to remove, alter, obscure or circumvent watermarks, provenance information, Content Credentials, metadata, provenance signals or other markings indicating that content has been generated by AI, edited or has a particular origin, unless expressly permitted by law and objectively necessary.

3.11 Critical Infrastructure and Security-Relevant Systems

The Software Solutions must not be used for the direct control, monitoring, optimisation or protection of critical infrastructure or security-relevant systems unless Vimmera has given express prior written approval and an appropriate professional, technical, legal and security review has been conducted.

This applies in particular to systems and processes in the areas of energy supply, water supply, healthcare, transport, traffic, telecommunications, public safety, industrial control systems, production facilities, building and facility security, and other environments where malfunctions, erroneous outputs or misleading recommendations may cause significant injury to persons, property or the environment, or significant operational or supply disruptions.

In such areas, the Software Solutions may be used only in a supporting, preparatory or documentation capacity. Human review, approval and responsibility by qualified professionals remain mandatory.

3.12 Political Influence, Elections and Democratic Processes

The Software Solutions must not be used to unlawfully, manipulatively or covertly influence political opinion formation, democratic processes, elections, referendums, citizen participation, administrative proceedings or public decision-making processes.

Any use to create or disseminate targeted disinformation, deceive people about the identities, origins or sponsors of political content, conduct automated mass outreach, micro-target particularly vulnerable groups, suppress voters, demobilise voters, manipulate political debates or circumvent statutory transparency, labelling or disclosure obligations is expressly prohibited.

General, neutral and non-manipulative information, analysis or structuring services concerning political, social or legal topics remain permitted, provided they do not violate legal requirements, these Terms of Use or the terms of integrated providers.

3.13 Gambling, Regulated Goods and Regulated Services

The Software Solutions must not be used to conduct, promote, broker or optimise unlawful gambling, betting, lotteries, speculative financial transactions, fraudulent investment offers, pyramid schemes or other regulated activities or activities requiring a permit, unless the necessary legal requirements are met.

Any use to procure, promote, broker or distribute illegal or regulated goods and services is also prohibited, particularly illegal drugs, prohibited substances, weapons, ammunition, forged documents, stolen data, human trafficking, sexual exploitation, circumvention services or other unlawful offers.

3.14 Security Testing, Red Teaming and Vulnerability Testing

Security testing, red teaming, penetration testing, stress testing, prompt injection testing, jailbreak attempts, vulnerability analyses or comparable testing of the Software Solutions, their models, interfaces, safeguards or connected systems is permitted only if expressly approved in writing by Vimmera in advance.

Such approval may specify, in particular, the scope, period, testing methods, affected systems, permitted intensity, reporting channels, documentation requirements and stop criteria. Without such approval, these actions are considered impermissible circumvention, security or abuse activities within the meaning of these Terms of Use.

Reporting security vulnerabilities or malfunctions discovered unintentionally remains permitted and must be made to Vimmera without delay. No third-party data may be disclosed, no systems may be impaired and no further exploitation attempts may be made.

3.15 Use by or for Authorities, Security Agencies and Intelligence Services

Use of the Software Solutions by or for authorities, security agencies, intelligence services, military bodies or comparable institutions is permitted only insofar as it is lawful, consistent with the intended purpose of use and expressly approved by Vimmera in advance.

In particular, any use for intelligence analysis, operational security measures, personal mass surveillance, situational assessments relating to individuals, target selection, operational planning, tracking, identification, prioritisation or evaluation of persons or groups is prohibited unless expressly approved in writing, supported by a clear legal basis and consistent with the terms of integrated providers.

3.16 No Circumvention of Provider-Imposed Restrictions

Users must not attempt to generate content, requests or results prohibited under these Terms of Use, legal requirements or the terms of integrated providers by rephrasing, encoding, translating, splitting into steps, role-playing, using hypothetical scenarios, technical obfuscation or any other circumvention method.

This applies even if the Software Solution technically accepts or partially answers the request, or does not automatically block it. What matters is not merely technical feasibility, but whether the use is lawful and permitted under contractual and provider requirements.

4. Reporting Violations

If a user identifies content, outputs, malfunctions or other system behaviour that violates or may violate these Terms of Use, they are obliged to report it to Vimmera without delay. This applies in particular to:

• outputs or content that are obviously unlawful, discriminatory, misleading or dangerous,
• suspected technical manipulation, abusive use or unauthorised use of the Software Solutions,
• suspected security incidents, vulnerabilities or unauthorised access by third parties,
• significant malfunctions or other conspicuous behaviour of the Software Solutions that could indicate a violation of these Terms of Use or a threat to proper operation.

Reports may be made to the known contact person at Vimmera or to Vimmera’s general contact addresses (e.g. info@vimmera.de).

5. Review and Monitoring of Use

Vimmera may review use of the Software Solutions within the limits permitted by law and in compliance with data protection requirements. This may include, in particular, random or incident-based analysis of log, usage and system data in order to

• detect violations of these Terms of Use,
• investigate technical security incidents or cases of abuse,
• ensure the security, integrity and availability of the Software Solutions, and
• ensure proper operation.

If irregularities, security risks or violations of these Terms of Use are identified, Vimmera may conduct appropriate investigations and take suitable measures. These include, in particular, blocking individual access accounts, restricting usage rights, adjusting system configurations and involving internal or external bodies, particularly in the areas of IT security, data protection or legal advice.

6. Data Protection and Confidentiality

When providing and operating the Software Solutions, Vimmera undertakes to comply with applicable data protection laws, in particular the General Data Protection Regulation (GDPR), and to implement appropriate technical and organisational measures to protect personal data.

The Software Solutions are generally designed so that they can usually be used without entering personal data. Users are expressly advised

• not to enter personal data about themselves or third parties unless necessary for the intended purpose of use,
• not to enter special categories of personal data within the meaning of Article 9 GDPR (e.g. health data, political opinions or religious beliefs), unless this is expressly envisaged and legally permitted,
• not to enter, upload, transmit or otherwise cause special categories of personal data to be processed through the Software Solutions contrary to the requirements of Section 6.1,
• not to enter, upload or otherwise process confidential information, trade secrets or other data requiring confidentiality, unless expressly envisaged for the relevant use case, under a separate agreement or as part of a specific project with Vimmera.

If personal data is nevertheless processed in connection with use of the Software Solutions, it will be processed solely in compliance with applicable data protection requirements, on the basis of an applicable legal ground and in accordance with Vimmera’s privacy notices.

External technology or AI service providers (e.g. OpenAI, Microsoft Azure or other providers) may be technically integrated into the provision of individual Software Solutions. In this case, data will be processed solely on the basis of appropriate contractual agreements and, where required, data processing agreements pursuant to Article 28 GDPR, and in compliance with the requirements of Articles 44 et seq. GDPR where processing involves a third country.

Data from use of the Software Solutions, particularly personal data or customer information, will not be used by Vimmera or integrated technology or AI providers for their own training, development or optimisation purposes unless this has been expressly, transparently and in writing agreed and is legally permissible. Where log or system data is processed for purely technical purposes, particularly to ensure stability, security, fault tolerance or abuse detection, this is done in strict compliance with purpose limitation, data minimisation and appropriate retention periods.

6.1 Special Categories of Personal Data

For publicly accessible Software Solutions, particularly the publicly accessible AI chat “Mera”, entering special categories of personal data within the meaning of Article 9(1) GDPR is expressly prohibited.

This includes, in particular, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data for the unique identification of a natural person, health data, and data concerning sex life or sexual orientation.

Use of Mera does not require entering such data. Users are obliged to remove or anonymise such information before entering it, or to phrase their input so that it does not contain special categories of personal data. The mere technical ability to enter such information does not constitute permission to enter or process it.

No reliable automated detection of such information takes place. If a user discovers that they have entered special categories of personal data contrary to this prohibition, they should notify Vimmera immediately at info@vimmera.de and, where available, provide the relevant session ID.

Vimmera may block unlawfully entered content, exclude it from further substantive use or delete it and, where necessary, take further measures under Section 18 of this Terms of Use Agreement. Mandatory statutory provisions and Vimmera’s data protection obligations remain unaffected.

For non-public, customer-specific or project-specific Software Solutions, special categories of personal data may be processed only if the relevant Software Solution is expressly intended for this purpose, the processing has been agreed with or approved by Vimmera in advance, and all necessary legal grounds, privacy information, agreements and safeguards are in place. In the absence of such an express agreement, the above prohibition on entering such data applies accordingly.

6.2 Clarification of Data Protection Roles

The allocation of data protection roles depends on the respective use of the Software Solutions and the contractual agreements made for that purpose.

Where Vimmera independently provides Software Solutions and determines the purposes and means of processing personal data, Vimmera acts as a controller within the meaning of the GDPR.

Where a customer, partner or other organisation uses the Software Solutions for its own purposes and processes personal data of its own employees, customers, prospective customers, contacts, website visitors or other third parties, that organisation is generally responsible for the lawfulness of the processing. This applies in particular to selecting the input data, informing the data subjects, determining the purpose of processing, assessing the legal basis, and using and further processing the generated results.

If, in such a case, Vimmera processes personal data solely on behalf of and in accordance with the instructions of the customer, partner or relevant organisation, this is done on the basis of a separate data processing agreement pursuant to Article 28 GDPR, where legally required.

Different or additional allocations of roles, particularly joint controllership or independent controllership by individual parties, may arise from special agreements, project-specific arrangements, privacy notices or mandatory statutory requirements.

6.3 Log Data, Purpose Limitation and Deletion (Specification)

Where necessary for operation, stability, fault tolerance, security, or detection and prevention of abusive use, Vimmera may process log, usage and system data. This may include, in particular, timestamps, technical metadata (e.g. system, status and error information), information about the functions used, security events and, where technically necessary, user IDs, access-related attributes and network or connection data (e.g. IP addresses). Processing is strictly purpose-limited, minimised and subject to appropriate technical and organisational access restrictions.

Log, usage and system data is stored only for as long as necessary for the stated purposes and is then deleted or anonymised. The information and retention periods set out in Vimmera’s privacy notices or privacy policy also apply.

6.4 Transparency Notice Regarding AI Interaction

Users are informed that they are interacting with an AI-powered system or AI-powered Software Solution. The relevant notice is provided clearly and comprehensibly no later than the time of the first interaction. Vimmera may provide, repeat and update suitable notices in the user interface, accompanying information or another appropriate place in order to comply with statutory transparency obligations.

Where the Software Solutions provide or output synthetic, AI-generated or otherwise automatically generated content, Vimmera may provide additional labels, notices or other transparency measures, where necessary and technically and organisationally appropriate, to meet applicable legal requirements.

6.5 Responsibility for Data Provided, Rights and Lawfulness

Users are responsible for ensuring that all data, documents, prompts, content, templates, images, audio recordings, reference materials, personal data, trade secrets, copyrighted works or other information they enter, upload, transmit or otherwise provide may lawfully be used and processed.

This includes, in particular, compliance with data protection, copyright, personality rights, employment, works constitution, trade secret protection, export control and other statutory or contractual requirements. As a rule, Vimmera does not check whether content provided by users may lawfully be entered into or processed by the Software Solutions.

Incomplete, outdated, inconsistent, impermissible or insufficiently authorised data, as well as unclear or unsuitable inputs, may result in incorrect, incomplete or unusable results. The respective users, or the organisation on whose behalf the use takes place, are responsible for professionally reviewing and using the results.

6.5.1 Audio Recordings, Meeting Recordings and Transcriptions

If users enter, upload, transmit or have audio recordings, video recordings, meeting recordings, recorded conversations, transcripts or other content from conversations, meetings, telephone calls, video conferences or comparable communication situations processed in the Software Solutions, they are solely responsible for ensuring that recording, storage, transmission, uploading and processing of such content is lawful.

In particular, the user warrants that they have all necessary rights, authority, legal bases, consents, approvals or other permissions, and that all persons concerned, particularly conversation, meeting or conference participants, have been adequately informed as required by law before the recording and processing.

This includes, in particular, compliance with data protection, personality rights, employment, works constitution, copyright, trade secret protection and criminal law requirements. Uploading or processing audio or conversation recordings made secretly, without authorisation or without a sufficient legal basis is expressly prohibited.

As a rule, Vimmera does not check whether audio recordings, meeting recordings or transcripts provided by users have been lawfully created, recorded, stored, transmitted or processed. If in doubt as to whether recording or processing is permissible, the user must refrain from using the Software Solution and obtain a legal review in advance.

6.6 Priority of Special Data Protection Agreements

Where a data processing agreement, Data Processing Agreement, confidentiality agreement or other special data protection or security agreement has been concluded for a specific use, customer project or organisation, those provisions apply in addition for their respective subject matter and take precedence insofar as they address mandatory data protection matters. Mandatory statutory data protection requirements remain unaffected at all times.

7. Responsibility and Security

Users bear sole responsibility for their inputs and for the way in which they use content generated, provided or output by the Software Solutions. The Software Solutions are intended solely as supportive assistance and information tools and do not replace careful, independent review or professional, legal, commercial, technical or other professional advice where required in the individual case.

Where individual user accounts, access credentials or authentication data are assigned for specific Software Solutions or systems, users are obliged to

• keep them confidential,
• protect them against access by unauthorised third parties, and
• not disclose them to other persons.

If misuse, unauthorised use or unauthorised access is suspected, Vimmera must be notified immediately so that appropriate security measures can be taken.

8. Technical Limitations and Availability

Vimmera may, in whole or in part,

• temporarily take the Software Solutions out of operation, particularly for maintenance, updates, further development, capacity adjustments or troubleshooting,
• change, restrict or expand their functionality,
• and temporarily or permanently restrict or suspend access to individual or all Software Solutions for technical, operational, legal or security-related reasons.

There is no entitlement to continuous, uninterrupted or error-free availability of the Software Solutions. Vimmera will endeavour to remedy faults, interruptions and operational impairments as promptly as possible, but gives no guarantee in this regard.

9. System Integrity and IT Security

Users must not take any measures intended to

• analyse source code, internal interfaces or system components without authorisation,
• circumvent or disable security mechanisms,
• overload the system with excessive or automated requests (e.g. DDoS, bots, scraping),
• obtain unauthorised access to data or functions.

Violations of these provisions may have civil and criminal consequences and result in immediate suspension of access.

10. Ownership of Generated Content

The rights to the Software Solutions, the technology underlying them, the models, systems, components and user interfaces used, and the underlying software and system architecture remain with Vimmera or the respective rights holders, particularly licensors, technology providers or providers of AI models.

Vimmera grants users a non-exclusive, non-transferable and revocable licence to use content provided or generated as part of the Software Solutions solely for the intended purpose of use and in accordance with these Terms of Use. Any use beyond this, particularly public, systematic, independent commercial or contractually unrelated further use, publication, exploitation, marketing or disclosure, requires Vimmera’s express prior consent, unless mandatory statutory provisions provide otherwise.

By using content generated or provided by the Software Solutions, users must not create the false impression that it constitutes binding, final or official statements, positions, approvals or communications by Vimmera or third parties, unless it is expressly labelled or authorised as such.

10.1 Protection of Confidential Technology, System Prompts and Model Components

All software components, system components, frameworks, methods, templates, models, model components, model weights, parameters, embeddings, system prompts, configurations, workflows, interface logic, security mechanisms, documentation, technical concepts and other solution components used or provided by Vimmera may constitute confidential technology, know-how and trade secrets of Vimmera or integrated technology providers.

Users are prohibited from copying, extracting, decompiling, reverse engineering, reproducing, reconstructing, disclosing, publishing or making such components available to third parties, using them to develop competing solutions or using them outside the intended purpose of use, in whole or in part. This applies particularly to system prompts, internal instructions, tool configurations, agent logic, security rules, guardrails, technical protective mechanisms, data structures, interface logic and non-public system information.

Attempts to disclose, extract or make such information usable through special inputs, role-play, circumvention instructions, technical queries, prompt injection, structured extraction, automated querying or other circumvention methods are also prohibited.

11. Use with Other AI Systems

Combining, integrating or otherwise linking the Software Solutions with other AI systems, automation tools, external data processing environments or training environments is prohibited without Vimmera’s express written consent. This applies in particular to

• systematically providing inputs, outputs, results or other content from the Software Solutions to other AI models or external systems,
• using content generated, provided or processed by the Software Solutions as training, testing or optimisation data for external AI systems,
• building, deriving or operating systems, applications or processes that make automated decisions or carry out further processing based on results from the Software Solutions, without Vimmera’s express approval.

Without Vimmera’s express written consent, it is also prohibited to

• export or aggregate substantial amounts of content or results from the Software Solutions, or use them to train, fine-tune or optimise external systems,
• integrate the Software Solutions into automated process, decision-making or AI pipelines outside the technical or functional scope envisaged by Vimmera,
• disclose, pass on or analyse system instructions, system prompts, internal configurations, technical protective mechanisms or other non-public technical details, or use them to reproduce, imitate or circumvent the system.

12. Third-Party Links

Where the Software Solutions refer to, access or enable the integration of external websites, content, interfaces, data sources or other third-party services, Vimmera accepts no responsibility for their content, accuracy, completeness, availability, security or lawfulness. Use of such external resources is solely at the user’s own risk. The respective operators or providers are solely responsible for third-party content and services.

13. Feedback and Further Development

Users may voluntarily submit feedback, error reports, comments or suggestions for improving the Software Solutions to Vimmera. Vimmera may use this feedback free of charge, without time limitation and without any obligation to identify the user or author, to analyse, further develop, optimise and improve the Software Solutions and Vimmera’s other products, services and systems.

14. International Use and Export Controls

Use of the Software Solutions may be subject to export control, sanctions or embargo restrictions. Users must not use the Software Solutions in any manner, or from any location, by any person or for any purpose, that violates applicable export control, sanctions or embargo regulations.

Vimmera may restrict or suspend access to the Software Solutions in certain countries or regions, or for certain groups of users, for legal or regulatory reasons.

15. Force Majeure

Vimmera is not liable for delays, disruptions, restrictions or outages of the Software Solutions insofar as they result from events beyond Vimmera’s reasonable control. These include, in particular, natural disasters, war, terrorism, pandemics, strikes, lawful industrial action, measures by authorities, outages or disruptions to energy, telecommunications or other infrastructure, and service disruptions or outages of third-party providers.

16. No Legally Binding Advice

The Software Solutions do not constitute legally binding or professionally conclusive advice, assessment or decision support. This applies in particular to

• legal, tax, regulatory or compliance-related questions,
• medical, therapeutic, psychological or other health-related questions,
• security-critical, operationally relevant or technically sensitive configurations, decisions or measures, particularly in production or otherwise risk-prone environments.

In such cases, an appropriately qualified professional must always be involved. In this respect, content provided by the Software Solutions may serve only as preliminary, non-binding guidance or as an aid to initial structuring.

17. Protection of Intellectual Property

Users must not enter, upload, transmit or otherwise process content in the Software Solutions

• for which they do not have the necessary rights, rights of use or other authorisations,
• that infringes trade or business secrets, confidential information or other protected rights of third parties,
• that is protected by copyright, trademark, database, design or other laws, without the required authorisation.

Vimmera reserves the right to take appropriate measures if there are obvious or sufficiently specific indications of infringements. These include, in particular, blocking access, restricting use, preserving relevant records for evidentiary purposes and initiating legal proceedings.

17.1 Indemnification for Unlawful Content or Content Provided Without Authorisation

The user or the organisation on whose behalf the user acts shall indemnify Vimmera against all claims, demands, damages, costs and expenses asserted against Vimmera by third parties because content provided, entered, uploaded, transmitted or otherwise processed by the user was used unlawfully or impermissibly, or without sufficient rights, authority, consent, approval, legal basis or other authorisation.

This applies in particular to claims relating to personal data, audio recordings, video recordings, meeting recordings, recorded conversations, transcripts, images, documents, confidential information, trade secrets, copyrighted works, trademark rights, personality rights, data protection rights or other third-party rights.

The indemnity also covers reasonable defence costs, including necessary legal fees, court costs and advisory costs, insofar as these arise from a justified claim or the reasonable review and defence of such claims.

This does not apply insofar as Vimmera itself caused the relevant claim intentionally or through gross negligence, or mandatory statutory provisions preclude indemnification.

17.2 Read-Aloud Function and Read-Aloud Voices

The Read-Aloud Function may be used solely to have input and output text passages read aloud as part of the intended use of Vimmera Studio. This also applies to connected Software Solutions that access this function through an integration, API or other interface envisaged by Vimmera. Use of the Read-Aloud Function does not transfer to the user any ownership, copyright, related rights, personality rights or other rights to the Read-Aloud Voices, the underlying recordings, performances, voice data, models or other components. Individual voices may include artistically crafted or artistically valuable performances and may be subject to separate licensing.

Read-Aloud Voices must not be copied, extracted or technically obtained from Vimmera Studio or a connected Software Solution, altered, edited, imitated or used to clone a voice. Recording, capturing, downloading, permanently storing or archiving the playback, in whole or in part, is prohibited. This also applies to screen or video recordings, external recording devices, API recordings and comparable methods.

Recordings or copies of Read-Aloud Voices must not be used for purposes other than reading aloud within the intended use, or made available to third parties, distributed or published outside Vimmera Studio or the connected Software Solutions intended for this purpose. In particular, Read-Aloud Voices must not be used to create or provide voiceovers for videos, podcasts or other audio or video recordings. Publication or distribution, particularly on social media, is strictly prohibited. This prohibition applies regardless of whether the recording is intended to be public or non-public, paid or free of charge, in full or in excerpts.

Any violation constitutes a serious breach of these Terms of Use. Unauthorised recording, reproduction, editing or publication may, in particular, infringe the copyright, related rights, personality rights or licence rights of the respective rights holders and give rise to legal claims. Vimmera reserves the right to take measures under Section 18 and to assert further rights.

18. Sanctions for Violations

In the event of violations of these Terms of Use or abusive use of the Software Solutions, Vimmera may take, depending on the nature, severity, duration and frequency of the violation, the following measures in particular:

• verbal or written warnings,
• temporary restrictions on individual functions or usage rights,
• temporary suspension of user accounts, access or individual Software Solutions,
• permanent suspension of user accounts, access or use as a whole,
• assertion of civil claims, and
• filing criminal complaints where there are grounds to do so.

Vimmera shall select, combine and determine the scope of measures in the proper exercise of its discretion.

19. Amendments to the Terms of Use

Vimmera may amend these Terms of Use at any time with effect for the future, particularly in the event of

• changes to or further development of technical systems,
• the introduction of new functions or Software Solutions,
• adjustments to changes in the legal, regulatory or official framework,
• changes, expansions or restrictions to the scope of functionality or available uses.

The current version of the Terms of Use will be made available in an appropriate form, particularly via the website, within the relevant application or by other suitable means. Amendments will generally be announced with reasonable advance notice, usually at least 14 days before they take effect, unless a shorter notice period is required to address security risks, prevent abuse or implement mandatory legal, regulatory or official requirements.

Continued use of the Software Solutions after amendments take effect constitutes acceptance of the updated Terms of Use. Users who do not agree to the amendments must stop using the affected Software Solutions. Vimmera reserves the right to require express renewed confirmation of the updated Terms of Use in individual cases.

20. Liability and Limitation of Liability

Content generated, provided or output by the Software Solutions may be generated wholly or partly on an AI-based, automated or probabilistic basis. It may therefore be factually incorrect, incomplete, ambiguous or outdated. Vimmera does not warrant that such content is accurate, complete, up to date, free of third-party rights or suitable for any particular purpose.

In particular, the Software Solutions do not provide

• legally binding information,
• legal, tax or other binding advice,
• medical, therapeutic, safety-related or technical professional advice in the sense of legal liability,
• a reliable basis for decisions requiring qualified professional review.

Users must therefore not make decisions solely on the basis of content generated or provided by the Software Solutions. Independent review is always required, as is the involvement of appropriately qualified professionals where warranted by the nature of the question.

To the extent permitted by law, Vimmera is liable for damages in connection with the use or non-use of the Software Solutions only in cases of intent and gross negligence.

In cases of ordinary negligence, Vimmera is liable only for breach of material contractual obligations, the fulfilment of which is essential to the proper use of the Software Solutions and on which the user may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract.

The above limitations of liability do not apply to mandatory statutory liability, particularly for injury to life, body or health, under product liability law, or where Vimmera has exceptionally given an express guarantee.

21. Dispute Resolution and Jurisdiction

In the event of disputes, disagreements or claims in connection with these Terms of Use or their application, interpretation, performance or validity, the parties shall first endeavour to reach an amicable settlement.

To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the registered office of Vimmera AI Solutions GmbH. This applies in particular where the user, or the legal entity, company or other organisation on whose behalf the user acts, is a merchant, a legal entity under public law or a special fund under public law.

If an exclusive place of jurisdiction cannot be agreed under the preceding paragraph or mandatory statutory provisions preclude such an agreement, the statutory rules governing jurisdiction shall apply.

The laws of the Federal Republic of Germany shall apply, excluding its conflict-of-law rules and, where applicable, the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions provide otherwise.

22. Age Restriction

The Software Solutions are intended solely for use by adults, i.e. persons who have reached the age of 18. If users act on behalf of a company, organisation or other third party, they must ensure and, at Vimmera’s request, demonstrate that they are duly authorised to do so.

23. Final Provisions

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

Amendments and additions to these Terms of Use must generally be made in text form, unless mandatory statutory provisions require a stricter form. This also applies to the waiver of this text-form requirement.

23.1 Relationship to Special Agreements and Provider Terms

Individual written agreements, special usage approvals, data processing agreements, confidentiality agreements, project-specific security requirements and mandatory statutory requirements take precedence over these Terms of Use insofar as they expressly contain different or stricter requirements for the relevant subject matter.

The terms of use, security policies, Acceptable Use Policies, Codes of Conduct and other requirements of integrated technology providers apply in addition. If such requirements impose stricter or broader restrictions on use, they must be observed. Vimmera may restrict use accordingly if necessary or appropriate to comply with such requirements.

24. Severability

If any provision of these Terms of Use is or becomes wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose. The same applies in the event of any gap in these Terms of Use.