Version: 01.01.2026 (replaces all previous versions)

Preamble

Vimmera AI Solutions GmbH (hereinafter “Vimmera”) provides an AI-powered chatbot (hereinafter “Chatbot”) as a digital assistance system. The Chatbot can be accessed at addresses provided by Vimmera or within applications and platforms and is intended to support users in obtaining information about Vimmera’s products, services, and solutions, as well as, if applicable, related projects.

The Chatbot is offered and operated exclusively by Vimmera as its own service. The Chatbot is not sold, not transferred as a product to third parties, and not permanently provided to third parties. Vimmera remains the operator of the Chatbot and may only enable third parties (e.g., customers, partners, service providers) to use it within the scope of an access authorization.

The Chatbot is specifically designed to answer inquiries relating to the following topics:

• Information about Vimmera’s products, software solutions, and services (e.g., features, use cases, integration options)
• technical and functional information about systems provided by Vimmera (e.g., interfaces, basic configurations, component overviews)
• project-related support, such as creating sample lists, concept sketches, or proposals within the scope of Vimmera solutions, to the extent such support is provided
• general information about AI-powered assistance systems as used in the context of Vimmera products

The use of the Chatbot is limited to these and comparable, thematically related use cases. Any use of the Chatbot for inquiries not related to Vimmera products, services, or solutions, in particular for competing products, foreign business areas, or legal, medical, or safety-critical topics, is expressly prohibited.

The following Terms of Use are binding. Users must have read, understood, and accepted them in full before using the Chatbot. Vimmera may change these conditions in accordance with Section 19; in this case, renewed confirmation by the user may be required. If Vimmera requires explicit consent (e.g., via checkbox or login process), this must be given before use.

1. Scope of the Terms of Use

These Terms of Use apply to all persons who use the Chatbot, regardless of whether they are

• employees of Vimmera,
• employees of customer companies,
• external service providers,
• partner companies or
• other authorized users

The Chatbot is intended for use in a professional or business context. If the user acts on behalf of a company, the user assures that they are duly authorized to do so.

By first and each subsequent access to the Chatbot, the user acknowledges these Terms of Use in their current version as binding.

1.1 Definitions

• “Chatbot” refers to the AI-powered digital assistant provided by Vimmera, including all associated technical components, interfaces, models, configurations, and user interfaces.
• “User” is any natural person who uses the Chatbot.
• “Content” means all user inputs as well as all outputs generated by the Chatbot.

2. Purpose-bound Use

The Chatbot is intended solely to provide support within the usage scenarios envisaged by Vimmera, in particular:

• Answering information requests about Vimmera’s products, platforms, and services,
• support with simple, typical standard questions in connection with Vimmera solutions,
• providing assistance, sample suggestions, and explanatory texts on the functionalities and possible uses of Vimmera systems,
• support with orientation and navigation within digital offerings provided by Vimmera, if technically provided.

Any use of the Chatbot that

• serves the planning, analysis, or support of competing products or services,
• is aimed at evaluating or strategically analyzing Vimmera’s business activities for competitive purposes, or
• is not factually related to Vimmera’s offerings, systems, or services,

is not permitted. The use of the Chatbot must always be in line with Vimmera’s legitimate business interests and must not be aimed at causing economic, legal, or reputational harm to Vimmera.

3. Prohibited Use

The use of the Chatbot for illegal, abusive, or otherwise impermissible purposes is strictly prohibited. This includes, in particular, but not limited to:

• creation, request, or dissemination of criminal, unlawful, offensive, discriminatory, extremist, racist, sexist, glorifying violence, or otherwise morally reprehensible content,
• use of the Chatbot to disseminate misinformation, rumors, hate messages, or propagandistic content,
• incitement to commit criminal offenses or instructions for unlawful acts,
• creation, support, or description of malware, hacking activities, or security attacks,
• any use that violates applicable laws, regulations, or orders of competent authorities.

Also expressly prohibited is:

• use of the Chatbot for the analysis, planning, or support of products or services that compete with Vimmera’s offerings,
• use in external projects that have no substantive connection to Vimmera solutions and serve the preparation or execution of third-party business activities,
• all forms of scraping, systematic querying, or automation that impair the operation of the Chatbot or circumvent its technical protection mechanisms.

Use must always be fair, lawful, and with appropriate responsibility.

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

The use of the Chatbot is only permitted within the framework of the applicable legal provisions. This includes, in particular, Regulation (EU) 2024/1689 (Artificial Intelligence Act, “EU AI Act”) as amended from time to time.

Users may not use the Chatbot for purposes or employ it to prepare, enable, instruct, or support actions that are prohibited or impermissible under the EU AI Act or other laws.

In particular, it is prohibited to use the Chatbot (directly or indirectly) for or in connection with:

• manipulative or deceptive techniques that can significantly distort the behavior of individuals and thereby are likely to cause significant harm,
• exploitation of vulnerabilities (e.g., due to age, disability, or social/economic status) with the aim or effect of harmful behavioral influence,
• “Social Scoring” (evaluation/classification of individuals over time based on social behavior or (derived) personality traits leading to unjustified or disproportionate disadvantage),
• risk assessments to predict the commission of criminal offenses, insofar as these are based solely on profiling or personality traits (“predictive policing” in impermissible form),
• the creation or expansion of facial recognition databases through indiscriminate scraping of facial images (e.g., from the internet or CCTV footage),
• emotion recognition in the workplace or educational institutions (unless exceptionally permitted for medical or security purposes),
• biometric categorization to derive sensitive characteristics (e.g., ethnic origin, political opinion, trade union membership, religion/belief, sex life/sexual orientation),
• “real-time” remote biometric identification in publicly accessible spaces for law enforcement purposes, unless expressly permitted in individual cases under applicable law.

The above examples apply in addition to the other prohibitions of this Terms of Use. They do not restrict the other provisions.

4. Reporting Violations

If a user notices content, outputs, or system behavior that is or could be contrary to these Terms of Use, they are obliged to report this to Vimmera without delay. This applies in particular to:

• outputs with obviously unlawful, discriminatory, or dangerous content,
• suspected technical manipulation or misuse of the system,
• suspected unauthorized access by third parties.

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

5. Review and Monitoring of Use

Vimmera is entitled to review the use of the Chatbot within the legally permissible framework and in compliance with data protection regulations. This may include, in particular, random or event-related evaluations of log data in order to:

• detect violations of these Terms of Use,
• investigate technical security incidents,
• ensure proper operation.

If irregularities or violations are detected, Vimmera may conduct investigations and take appropriate measures (e.g., blocking individual accesses, adjusting system configurations, involving IT security or legal counsel).

6. Data Protection and Confidentiality

Vimmera undertakes to comply with applicable data protection laws, in particular the GDPR, when providing and operating the Chatbot and to implement appropriate technical and organizational measures to protect personal data.

The Chatbot is generally designed so that it can be used without entering personal data. Users are expressly instructed:

• not to enter personal data about themselves or third parties,
• not to enter special categories of personal data within the meaning of Art. 9 GDPR (e.g., health data, political opinions, religious beliefs),
• not to enter confidential business secrets or other information requiring confidentiality, unless this has been expressly agreed within the scope of a specific project with Vimmera.

If personal data is nevertheless entered, its processing will take place exclusively in compliance with the applicable legal bases and Vimmera’s privacy policy.

External AI service providers (e.g., OpenAI, Microsoft Azure, or other providers) may be technically involved in providing the Chatbot. In this case, data processing takes place exclusively on the basis of appropriate contractual agreements and, if applicable, using data processing agreements in accordance with Art. 28 GDPR and in compliance with the provisions of Art. 44 et seq. GDPR if there is a third-country reference.

Personal customer data is not used by Vimmera or the AI providers used for their own training, development, or optimization purposes, unless this has been expressly, transparently, in writing, and legally permitted. If log data is processed for purely technical purposes (e.g., stability, fault tolerance, abuse detection), this is done in strict compliance with purpose limitation, data minimization, and deletion periods.

6.1 Clarification of Data Protection Roles

Vimmera offers and operates the Chatbot exclusively as its own service. If personal data is processed in the course of use, Vimmera is generally the controller within the meaning of the GDPR, unless a different data protection role allocation (e.g., data processing pursuant to Art. 28 GDPR) has been expressly and in writing agreed in individual cases.

6.2 Log Data, Purpose Limitation, and Deletion (Specification)

To the extent necessary for operation, stability, fault tolerance, security, and abuse detection, log data may be processed. This may include, in particular: timestamps, technical metadata (e.g., system and error information), functions used, security events, and – if technically required – user IDs or access data attributes and network/connection data (e.g., IP address). Processing is purpose-bound, data-minimized, and subject to appropriate access restrictions.

Log data is stored only as long as necessary for the stated purposes and then deleted or anonymized; in addition, the information and periods in Vimmera’s privacy policy apply.

6.3 Transparency Notice for AI Interaction

Users are informed that they are interacting with an AI system. The notice is provided clearly and understandably at the latest at the time of the first interaction; Vimmera may provide, repeat, and update corresponding notices in the user interface (e.g., in the chat start screen, footer, or in accompanying information) to comply with legal transparency obligations.

If the Chatbot generates or outputs synthetic content, Vimmera may – as required and technically/organizationally appropriate – provide additional labeling or notices to meet transparency requirements.

7. Responsibility and Security

Users bear sole responsibility for their inputs and for how they use the content generated by the Chatbot. The Chatbot is merely an aid and information tool and does not replace careful independent review or professional advice.

If individual user accounts and access data are assigned for certain systems, users are obliged to:

• treat them confidentially,
• protect them from unauthorized access by third parties,
• not pass them on to other persons.

If misuse or unauthorized access is suspected, Vimmera must be informed immediately so that appropriate security measures can be taken.

8. Technical Limitations and Availability

Vimmera is entitled to:

• temporarily take the Chatbot out of operation (e.g., for maintenance, updates, or troubleshooting),
• restrict its functionality,
• temporarily or permanently block access for security reasons.

There is no entitlement to uninterrupted availability of the Chatbot at all times. Vimmera endeavors to rectify disruptions as quickly as possible but cannot guarantee this.

9. System Integrity and IT Security

Users may not take any measures aimed at

• unauthorized analysis of the source code, internal interfaces, or system components,
• bypassing or deactivating security mechanisms,
• overloading the system through excessive or automated requests (e.g., DDoS, bots, scraping),
• gaining unauthorized access to data or functions.

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

10. Ownership of Generated Content

The rights to the technology used by the Chatbot, the underlying models, and the software architecture remain with Vimmera or the respective rights holders (e.g., licensors and providers of AI models).

Vimmera grants users a simple, non-transferable right to use the content generated by the Chatbot within the intended purpose. Any further use, in particular public, commercial, or systematic reuse (e.g., publication in professional literature, commercial marketing as own content, use in external advertising) requires the express prior consent of Vimmera, unless statutory copyright exceptions apply.

Users may not use the generated content in a way that suggests it is binding or official statements from Vimmera, unless this is expressly labeled or authorized accordingly.

11. Use with Other AI Systems

The combination, integration, or linking of the Chatbot with other AI systems, automation tools, or external training environments is not permitted without the express written consent of Vimmera. This applies in particular to:

• the systematic transfer of inputs and outputs of the Chatbot into other AI models,
• the use of Chatbot content as training data for third-party AI systems,
• the creation of derived systems that make automated decisions based on Chatbot results without Vimmera’s approval.

Without the express, written consent of Vimmera, it is also not permitted to

• export Chatbot content on a large scale and use it for training or optimizing third-party AI systems,
• integrate the Chatbot into automated AI pipelines that are outside the overall system defined by Vimmera,
• disclose system prompts, internal configurations, or technical details to third parties for the purpose of copying or imitating the system.

12. Third-Party Links

If the Chatbot refers to external websites, content, or services, Vimmera assumes no responsibility for their content, availability, or security. The use of external resources is at the user’s own risk. The content of external sites is the sole responsibility of their operators.

13. Feedback and Further Development

Users may voluntarily submit feedback, error reports, or suggestions for improvement to Vimmera. Vimmera is entitled to use this feedback free of charge, for an unlimited period of time, and without obligation to name the author for the further development and optimization of the Chatbot and other Vimmera systems.

14. International Use and Export Control

The use of the Chatbot may be subject to export control and sanctions regulations. Users may not use the Chatbot in a way or from locations that violate applicable export, sanctions, or embargo regulations.

Vimmera is entitled to restrict or block access for legal reasons in certain countries or regions.

15. Force Majeure

Vimmera is not liable for delays, disruptions, or failures of the Chatbot that are due to events beyond Vimmera’s control (e.g., natural disasters, war, strikes, official measures, large-scale infrastructure disruptions, failures of third-party providers).

16. No Legally Binding Advice

The Chatbot does not provide legally binding or professionally conclusive advice. This applies in particular to:

• legal, tax, or regulatory issues,
• medical or therapeutic issues,
• safety-critical configurations (e.g., in technical production environments).

In such cases, a qualified professional must always be consulted. Chatbot content can at best provide an initial, non-binding orientation.

17. Protection of Intellectual Property

Users may not enter content into the Chatbot

• for which they do not have the corresponding rights,
• that violate third-party trade or business secrets,
• that are protected by copyright, trademark, or otherwise, without the appropriate authorization.

Vimmera reserves the right to take appropriate action in cases of obvious legal violations, including blocking access and initiating legal action.

18. Sanctions for Violations

In the event of violations of these Terms of Use or misuse of the Chatbot, Vimmera may – depending on the severity and frequency – in particular take the following measures:

• oral or written warning,
• temporary restriction of use,
• temporary blocking of user accounts or accesses,
• permanent blocking of access,
• assertion of civil claims,
• filing criminal charges, if applicable.

The choice of measures is at the reasonable discretion of Vimmera.

19. Changes to the Terms of Use

Vimmera is entitled to adapt these Terms of Use at any time, in particular in the event of:

• changes to technical systems,
• introduction of new functions,
• adaptations to changed legal framework conditions,
• expansion or reduction of the scope of functions.

The current version is provided in an appropriate form (e.g., via the website or within the application). Changes are generally announced with reasonable notice (usually at least 14 days), unless a short-term change is necessary to address security risks, prevent abuse, or implement mandatory legal requirements. By continuing to use the Chatbot after the change takes effect, the updated terms are deemed accepted. Users who do not accept changes may discontinue use of the Chatbot; Vimmera may require renewed confirmation by the user in individual cases.

20. Liability and Limitation of Liability

The content generated by the Chatbot is AI-based and generated probabilistically. It may be factually incorrect, incomplete, ambiguous, or outdated. Vimmera does not guarantee that the generated content is factually correct, complete, up-to-date, or suitable for the intended purpose.

The Chatbot in particular provides:

• no legally binding information,
• no legal advice,
• no medical, safety-relevant, or technical expert advice in the sense of liability law.

Users must not make decisions solely on the basis of Chatbot outputs. Their own professional review or consultation with experts is required.

To the extent permitted by law, Vimmera’s liability for damages arising in connection with the use or non-use of the Chatbot is limited to cases of intent and gross negligence.

For simple negligence, Vimmera is only liable for breaches of essential contractual obligations (cardinal obligations), whereby liability in these cases is limited to the typically foreseeable damage. Mandatory liability provisions remain unaffected, in particular in the event of injury to life, body, or health and under the Product Liability Act.

21. Dispute Resolution and Jurisdiction

In the event of disputes in connection with this Terms of Use, the parties will first endeavor to reach an amicable settlement.

To the extent permitted by law, the place of jurisdiction for all disputes is the registered office of Vimmera AI Solutions GmbH. This applies in particular if the user or the company on whose behalf the user acts is a merchant, a legal entity under public law, or a special fund under public law. Otherwise, the statutory jurisdiction rules apply.

22. Age Restriction

The Chatbot is intended only for use by adults (at least 18 years old). If users act on behalf of a company, they must ensure that they are duly authorized to do so.

23. Final Provisions

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

Amendments and additions to these Terms of Use must be made in text form (Textform) within the meaning of Section 126b German Civil Code (BGB), unless mandatory legal provisions require a stricter form. This also applies to the waiver of this text form requirement.

24. Severability Clause

If any provision of these Terms of Use is or becomes wholly or partially invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a valid provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision. The same applies in the event of regulatory gaps.