Terms and Conditions
1. Introduction and Scope
1.1 These General Terms and Conditions (GTC) govern the use of the services of Alphabees UG (haftungsbeschränkt) ("Alphabees", "we", "us", or "our"), including our AI tutor and management platform and all associated subscription models.
1.2 By registering or using our services, you accept these GTC. These GTC apply to all customers and users ("customers", "users", or "you").
1.3 Deviating or additional terms of the customer shall only apply if we have expressly agreed to them in writing.
2. Service Description
2.1 Platform and user contributions
Alphabees provides a web-based platform for managing and conducting AI-supported tutoring services and related functions. Everything the customer, including its users, configures, uploads, or otherwise uses through the service is considered a "user contribution". The customer is solely responsible for all user contributions created or provided on the platform.
2.2 Subscription
The customer acquires a subscription for access to the services offered by Alphabees, as described in the relevant contract, offer, or product plan. Access to and use of the services is intended solely for the internal use of the customer and its authorized users.
2.3 Usage quotas
The scope of our services is determined by the subscription plan selected by the customer. Each plan may include usage quotas, in particular regarding:
If usage quotas have been agreed and one of the agreed limits is reached, use of the services may be restricted or blocked. Further use may be enabled through an upgrade or separate agreement.
2.4 Usage overview
Customers may view their current usage through the customer portal, where technically provided. Alphabees may inform the customer when certain usage thresholds are reached.
2.5 Intellectual property rights
Alphabees retains all rights, titles, and interests, including all intellectual property rights, in the software, content, and materials provided as part of the service. The customer receives no right to access the source code or underlying software.
2.6 Customer rights to content and AI training
The customer or respective rights holders retain all rights to content and materials uploaded into the system. Alphabees receives only a non-exclusive usage right limited to the contract term to the extent necessary to provide the agreed services. Any further use, in particular for training Alphabees' own AI models or third-party AI models, shall not take place unless expressly agreed separately.
2.7 Further development of the services
Alphabees reserves the right to further develop the services and make changes that improve functionality without materially impairing the agreed core functions.
3. Restrictions
3.1 Customer responsibility
The customer is responsible for all activities on its account and on the accounts of its users, unless such activities result from unauthorized access to the platform for which Alphabees is responsible.
3.2 Prohibited use
The customer agrees not to modify, reverse engineer, decompile, or attempt to extract the source code of the service. The customer shall not use the service in a way that violates applicable law or jeopardizes the integrity, security, or availability of the service.
3.3 API usage
If Alphabees provides APIs, Alphabees reserves the right to set reasonable usage limits and to suspend or terminate API access in case of violations, security risks, or abusive use.
4. Third-Party Services
4.1 Our services may include interfaces to third-party products, services, or applications that are not controlled or operated by Alphabees ("third-party services"). Customers may use these third-party services in connection with our services. Where access credentials or permissions are required, the customer is responsible for providing them lawfully.
4.2 Alphabees does not recommend or endorse any third-party services. The customer acknowledges that separate terms of the respective providers may apply to third-party services. Alphabees assumes no liability for issues arising from the use or inability to use third-party services unless Alphabees is responsible for such issues.
4.3 The use of third-party services is at the customer's own risk.
5. Contract Duration, Termination, and Changes
5.1 Subscription models and minimum term
Alphabees offers monthly and annual subscription models depending on the agreed product plan, offer, or contract. For monthly subscriptions, the minimum term is 1 month and renews automatically for another month. For annual subscriptions, the minimum term is 12 months and renews automatically for another 12 months unless terminated in due time.
5.2 Notice periods
Changes such as downgrades take effect only at the end of the current billing period.
5.3 Upgrades
An upgrade means that the customer switches from an existing subscription plan to a plan with a higher scope of services. This may include, in particular, increasing quotas for requests, tokens, file uploads, or storage capacity. Upgrades become effective upon receipt of payment or upon separate approval by Alphabees. Unused quotas from the previous plan may expire when switching to the new plan unless expressly agreed otherwise.
6. Billing and Payment
The billing cycle depends on the selected subscription model. Monthly subscriptions are billed monthly, annual subscriptions are billed annually. The billing period begins upon conclusion of the contract or activation of access unless expressly agreed otherwise.
Payment is made either via the payment service provider Stripe or by advance payment via bank transfer, provided this payment method is offered or agreed by Alphabees.
Payments are due in advance at the beginning of the respective billing period. In the case of advance payment, an invoice is issued in advance. Access is activated after receipt of payment unless expressly agreed otherwise.
If payment is made via Stripe, payment processing is carried out by the payment service provider Stripe. Invoices may be provided in the customer portal and created by Stripe. Alphabees does not store complete payment-related data such as credit card numbers. Payment data is processed by Stripe.
Payments already made are non-refundable unless otherwise required by law.
In the event of payment default, access to the services, including WebSocket connections, may be suspended until the outstanding amounts have been paid in full.
7. Usage Rights and Data License
7.1 Customers grant Alphabees a non-exclusive, worldwide, royalty-free license to use, process, and display the content and data they provide ("user data"), but only to the extent necessary to provide the agreed services.
7.2 The rights to data submitted by customers remain fully with the customer or the respective rights holders. No implied rights or licenses are granted.
8. Data Protection and Data Deletion
8.1 Alphabees processes personal data in accordance with the General Data Protection Regulation (GDPR) and German data protection laws. Details on data processing can be found in our Privacy Policy.
8.2 Customers remain the controllers within the meaning of the GDPR for the personal data they upload. Alphabees acts as a processor and processes this data solely on the instructions of customers and for the provision of the agreed services.
8.3 Productive processing and storage of customer-related data takes place on servers of Hetzner Online GmbH with server location in Germany, in particular Nuremberg. Alphabees has concluded a data processing agreement with Hetzner Online GmbH in accordance with Art. 28 GDPR.
8.4 Alphabees' development environment may continue to be operated on servers of Contabo GmbH in Germany. The development environment is separated from the productive customer environment and is used for internal development, testing, and maintenance purposes. Where personal data is processed in this context, this is done on the basis of appropriate data protection agreements in accordance with Art. 28 GDPR.
8.5 Alphabees uses appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of data. This includes, in particular, measures such as encryption, access controls, and regular security reviews.
8.6 After termination of the contractual relationship, data stored by the customer will generally be deleted within 30 days, unless statutory retention obligations, legitimate interests, or deviating contractual agreements prevent deletion.
8.7 The customer has the option to export its data before the end of the contract or request its return in a suitable format, insofar as this is technically possible and contractually agreed.
8.8 Security copies and backups may continue to be stored for a limited period for technical reasons. They will no longer be used productively and will be automatically overwritten or deleted as part of the regular backup cycles.
8.9 By accepting these GTC, customers agree that Alphabees processes the personal data necessary to provide the services in accordance with the GDPR. This includes processing data for contract fulfillment and for compliance with legal obligations.
9. Liability Limitation
Alphabees is liable for damages only in cases of intent or gross negligence. In cases of slight negligence, Alphabees is liable only for the breach of essential contractual obligations (cardinal obligations), and liability is limited to the foreseeable, typically occurring damage.
Alphabees is not liable for indirect, special, incidental, or consequential damages, including lost profits, business losses, or data losses, even if Alphabees has been advised of the possibility of such damages, to the extent legally permissible.
The liability of Alphabees UG (haftungsbeschränkt), its managing directors, and legal representatives is limited to the amount of fees paid by the customer in the twelve (12) months preceding the damaging event, to the extent legally permissible. Personal liability of the managing directors is expressly excluded to the extent legally permissible.
These liability limitations do not apply in cases of injury to life, body, or health, or to claims under the Product Liability Act.
10. Confidentiality
10.1 Both parties undertake to keep all confidential information exchanged during the collaboration secret.
10.2 Confidential information may only be disclosed with the express consent of the other party or if required by law.
10.3 The confidentiality provisions shall survive termination of the contractual relationship.
11. Publication
With the customer's prior written consent, Alphabees may use the customer's name, logo, and trademarks for marketing purposes, for example on the website or in presentations. This is always done in compliance with applicable data protection regulations.
12. Changes to the GTC
12.1 Alphabees reserves the right to change these GTC. Changes will be announced at least 30 days before they take effect.
12.2 Customers who do not agree to the changes have the right to terminate their subscription with effect from the time the changes take effect.
13. Final Provisions
These GTC are subject to German law, excluding the UN Sales Convention. The place of jurisdiction is, to the extent legally permissible, the registered office of Alphabees UG (haftungsbeschränkt).
Should individual provisions of these GTC be invalid, the remaining provisions shall remain unaffected.
These GTC do not create any rights for third parties.
The contract language is German.