Terms of Service

This English version is a convenience translation. The legally binding version is the German Nutzungsbedingungen.

§ 1 Scope of Application and Subject Matter of the Contract

(1) These Terms of Service apply to the use of the Agora Cosmica platform (hereinafter the "Platform"), operated by ChipMates gemeinnützige GmbH, Schusterstr. 50, 79098 Freiburg im Breisgau (hereinafter the "Provider").

(2) The Platform offers a free, AI-powered educational service through which users can access information about historical figures from the fields of philosophy and wisdom (hereinafter the "Service"). The Service uses an AI system to generate responses automatically.

(3) By using the chat service, the user accepts these Terms of Service. The other areas of the Platform (information pages, imprint, etc.) can be used without agreeing to these terms.

(4) Deviating or supplementary terms of the user do not become part of the contract.

§ 2 Description of the Service and Notice on Artificial Intelligence

(1) The chat service is operated entirely by an AI system (artificial intelligence). The user does not interact with a real person but with software that automatically generates text responses.

(2) The historical figures presented in the chat are fictional AI simulations. They do not reproduce the actual statements, opinions, or positions of the persons portrayed. They are expressly not authentic reproductions of historical statements.

(3) AI-generated content can be factually incorrect, incomplete, outdated, or misleading (so-called "hallucinations"). Checking AI-generated content for accuracy and applicability to a specific situation is not part of the Service and is the sole responsibility of the user.

(4) The Service does not constitute professional advice, in particular no medical, psychological, legal, or financial advice. AI-generated content does not replace consultation of qualified professionals.

(5) The Provider reserves the right to restrict, change, or discontinue the Service in whole or in part at any time. There is no entitlement to uninterrupted availability.

§ 3 Access and Age Requirement

(1) Use of the chat service requires agreement to these Terms of Service as well as confirmation of the minimum age.

(2) The chat service is intended for persons aged 16 and over. Persons under 16 may use the Service only with the consent of a parent or legal guardian. In these cases, personal data is processed exclusively on the basis of this consent pursuant to Art. 6(1)(a) GDPR. By confirming their age, the user affirms that they are at least 16 years old or have the required consent of a parent or legal guardian.

(3) Within the scope of application of the US Children's Online Privacy Protection Act (COPPA), use of the Service by persons under 13 is prohibited.

(4) The Provider reserves the right to restrict access if there are indications that a user does not meet the age requirements.

§ 4 Rules of Use

(1) The Service may be used exclusively for private, non-commercial, and educational purposes.

(2) It is prohibited:

a) to use the Service for unlawful purposes or to generate unlawful content, in particular content that incites hatred (Sect. 130 of the German Criminal Code, StGB), insulting content, or other content punishable under criminal law;

b) to circumvent, manipulate, or defeat the technical security mechanisms of the Service, in particular through so-called "prompt injection" or "jailbreaking";

c) to present or distribute AI-generated content as authentic statements of the historical figures portrayed;

d) to query the Service systematically or in an automated manner, for example through bots, scrapers, or automated scripts;

e) to present AI-generated content as text written by a human or to conceal its AI origin;

f) to use the Service to create content that disparages or insults real living persons or violates their personality rights;

g) to enter personal data of third parties into the chat;

h) to use the Service to generate content that sexualizes or exploits minors or depicts them in contexts glorifying violence (Sect. 131, 184b, 184c StGB).

(3) The user acknowledges that the Service uses technical content filters that can block certain inputs or restrict responses. These measures serve the protection of minors and compliance with legal requirements.

§ 5 Intellectual Property and Rights of Use

(1) The Platform, its design, its texts, graphics, and software components are protected by copyright. All rights remain with the Provider or the respective rights holders.

(2) Under the current legal situation, there are presumably no copyrights in the AI-generated chat responses, as they lack a personal intellectual creation. Should the Provider nevertheless hold rights to the outputs, the Provider grants the user a non-exclusive, non-transferable right to use them for private and educational purposes.

(3) The user's inputs (prompts) remain with the user. The Provider acquires no rights to the inputs and uses them exclusively to provide the Service (transmission to the AI service provider for answering). The Provider does not store or analyze the inputs beyond this; further information is provided in the Privacy Policy.

§ 6 Data Protection

(1) The Provider processes personal data exclusively in accordance with the applicable data protection laws, in particular the GDPR and the BDSG (the German Federal Data Protection Act). For details, please see our Privacy Policy.

(2) When the chat is used, the user's inputs are transmitted to an AI service provider, which processes them to generate the response. Further details can be found in the Privacy Policy.

(3) The user is asked not to enter any personal data (in particular name, address, phone number, email) into the chat.

§ 7 Protection of Minors

(1) The Provider has appointed a Youth Protection Officer pursuant to Sect. 7 JMStV (the German Interstate Treaty on the Protection of Minors in the Media). Their contact details are provided in the Imprint.

(2) The Service uses technical protective measures to prevent the generation of content harmful to minors. Despite these measures, it cannot be ruled out that AI-generated content may be inappropriate in individual cases.

(3) Users and legal guardians can report problematic content via the reporting function in the chat or by email to [email protected].

(4) If you are in a crisis or need help, please contact the Telefonseelsorge crisis line (0800 111 0 111, free of charge, 24/7) or the Nummer gegen Kummer helpline (116 111).

§ 8 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on a negligent or intentional breach of duty.

(2) The Provider is liable without limitation for damages caused by intent or gross negligence.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract.

(4) In all other respects, the Provider's liability for damages caused by slight negligence, in particular for damages arising from the use of or reliance on AI-generated content, is excluded. This applies taking into account that the Service is provided free of charge.

(5) The above limitations of liability do not apply to claims under the German Product Liability Act or where a guarantee has been given.

(6) The Provider gives no warranty for the accuracy, completeness, or currency of the AI-generated content. The user uses the content at their own risk.

§ 9 Blocking and Exclusion

(1) The Provider is entitled to block a user's access to the Service temporarily or permanently if the user violates these Terms of Service or misuses the Service.

(2) In the event of a block due to violations, no prior notice is given.

§ 10 Changes to the Terms of Service

(1) The Provider is entitled to change these Terms of Service with effect for the future, provided this is necessary due to changes in the legal situation, the introduction of new features, the fixing of security vulnerabilities, or other objective reasons, and the user is not unreasonably disadvantaged as a result.

(2) In the event of changes, the updated version will be shown to the user for renewed consent the next time they use the chat service.

§ 11 Content Moderation and Reporting Options

(1) The Provider uses automated content filters to prevent the generation of unlawful content or content harmful to minors.

(2) Users can report problematic AI-generated content via the "Report content" button in the chat. Reports are reviewed and answered promptly.

§ 12 Applicable Law and Dispute Resolution

(1) These Terms of Service are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the user is a consumer within the meaning of Sect. 13 BGB (the German Civil Code) and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.

(3) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Contact

ChipMates gemeinnützige GmbH
Schusterstr. 50
79098 Freiburg im Breisgau, Germany
Email: [email protected]