Terms of Service

1. Provider

Provider: Zwima Technologie GmbH
Dormagener Str. 2e, 41468 Neuss, Germany
Email: hello@zwima-group.info
Website: https://zwima-group.info

2. Scope and applicability

These Terms govern access to and use of the ZWIMA AI website, dashboards, APIs, and related digital services. V1 is offered primarily to businesses, freelancers, legal entities, and other commercial customers (B2B). We do not actively market V1 to ordinary consumers. If consumer law nevertheless applies in a given case, mandatory German and EU consumer protections remain unaffected and are not excluded by these Terms.

3. Eligibility and account registration

You must provide accurate registration information and keep it up to date. You may only use the service if you have legal capacity and authority to bind the customer organisation you represent. Age / eligibility details: POLICY_PENDING.

4. Business customer status

By registering for a paid or API-enabled account, you represent that you act as or for a business / professional customer, unless mandatory law treats you as a consumer. Jurisdiction and certain commercial clauses below apply to B2B customers only where legally permissible.

5. API credentials and account security

You are responsible for safeguarding login credentials and API keys, for all activity under your account, and for promptly notifying us of suspected unauthorised access at hello@zwima-group.info.

6. Permitted use

You may use the service to access AI model capabilities via our APIs and dashboards in accordance with these Terms, our documentation, applicable law, and upstream provider policies.

7. Prohibited use

Without limitation, you must not:

• Engage in illegal activity
• Commit fraud, infringement, or distribute malware
• Bypass security, quotas, rate limits, or access controls
• Process personal data without a lawful basis and required authorisations
• Violate upstream model provider policies
• Use the platform for restricted or sanctioned purposes
• Resell or share API keys unless a written contract expressly permits it

8. AI model and provider availability

Model outputs may be inaccurate, incomplete, or unsuitable for a particular purpose. You must apply human review for high-risk, legal, medical, financial, or safety-critical use cases. We do not guarantee that any model remains continuously available. Upstream suppliers may change models, pricing, rate limits, regional support, or shutdown dates. ZWIMA may route or migrate traffic based on cost, availability, compliance, and your configuration.

9. Model changes, deprecations and shutdowns

We may add, deprecate, or remove models and routes. Where reasonably practicable we will provide notice through the product or documentation. Notice periods: POLICY_PENDING.

10. Usage measurement and billing

Usage is measured according to our metering (for example tokens, requests, or other billable units shown in the product). Disputed metering procedures: POLICY_PENDING / LEGAL_REVIEW_REQUIRED.

11. Credits, prepaid balance and expiry rules

Platform Credits / prepaid balances may be used only to purchase API usage and related digital services on the ZWIMA platform. Credits are not crypto-assets, securities, electronic money, or bank deposits. Credits are generally non-tradable, non-transferable, and not redeemable for cash, except where mandatory law requires otherwise. We do not promise fixed yield, appreciation, or investment returns. Prepaid balances are kept strictly separate from any tradable token or crypto asset. Specific refund, expiry, and balance-handling rules: POLICY_PENDING (awaiting final commercial policy).

12. Taxes and invoicing

Prices and invoices may be subject to applicable taxes (including VAT). Tax treatment and invoice fields: POLICY_PENDING / tax-advisor confirmation. VAT ID display on Impressum remains VAT_ID_PENDING.

13. Fair use, rate limits and abuse prevention

We may apply rate limits, fair-use controls, and abuse-prevention measures to protect the platform and other customers. Circumvention is prohibited.

14. Customer content and instructions

You are responsible for content you submit and for ensuring you have the rights and lawful bases to process it. For API prompts, files, business data, and model outputs, you are Controller and ZWIMA is Processor on documented instructions — see our DPA.

15. Data protection and DPA reference

Personal data is processed as described in our Privacy Policy and, where applicable, the Data Processing Agreement. Cookies: Cookies.

16. Intellectual property

ZWIMA and its licensors retain rights in the platform, branding, and documentation. Subject to the service and upstream licences, you retain rights in your inputs; allocation of rights in model outputs: LEGAL_REVIEW_REQUIRED.

17. Third-party providers

The service depends on third-party AI, cloud, authentication, email, and payment providers. Their terms and availability may affect the service. Named sub-processor lists are maintained dynamically (DPA annex / future Sub-processors page) and are not hardcoded here.

18. Service availability and maintenance

We aim for reasonable availability but do not guarantee uninterrupted service. Maintenance windows and SLA (if any): POLICY_PENDING.

19. Suspension and termination

We may suspend or terminate access for breach, abuse, legal risk, non-payment, or security incidents. Your termination rights and notice periods: LEGAL_REVIEW_REQUIRED.

20. Warranty limitations

The service is provided with commercially reasonable care. Except where mandatory law requires otherwise, we do not warrant uninterrupted, error-free, or fit-for-particular-purpose operation of models or routes. Absolute disclaimers are not used. Final warranty wording: LEGAL_REVIEW_REQUIRED.

21. Liability limitations

Nothing in these Terms excludes or limits liability for intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, or any other liability that cannot be excluded under German law (including mandatory product liability where applicable). Other liability caps and exclusions: LEGAL_REVIEW_REQUIRED — not final counsel text and not an absolute waiver.

22. Indemnification

B2B customers shall indemnify ZWIMA against third-party claims arising from unlawful customer content or prohibited use, to the extent permitted by law. Scope and procedure: LEGAL_REVIEW_REQUIRED.

23. Changes to the service and terms

We may update the service and these Terms. Material changes will be indicated on this page or by notice in the product. Change-notice mechanics: POLICY_PENDING.

24. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules that would refer to another jurisdiction.

B2B: If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Neuss, Germany, where legally permissible.

Consumers: No exclusive Neuss-only forum is imposed. Mandatory consumer protections and statutory venues remain unaffected. These Terms do not state that all disputes may only be heard in Neuss.

25. Contact information

Zwima Technologie GmbH — hello@zwima-group.info — Impressum.