AI Usage Terms (BETA)

Preamble

(1) These AI Usage Terms specify §§ 4, 6 of the Terms v2.1 for the use of heini.app’s AI functions.

(2) In case of conflict between this Annex C and the Terms, the stricter provisions prevail; in doubt, those that better protect the customer.

1. BETA status — key notice

1.1 heini.app is the first production version. The AI functions are at an experimental stage and are not established standard technology.

1.2 The customer acknowledges: AI models are continuously updated (methodology, training-data state, output quality); functions may be temporarily unavailable or changed in behaviour; identical inputs can lead to different outputs; hallucinations cannot be fully excluded under the current state of the art; factual errors, bias and outdated information are possible.

1.3 Acknowledgement requirement. The customer confirms this BETA status separately on each order (mandatory checkbox / field in the Enterprise form). Without acknowledgement no contract is concluded.

1.4 HEINI may label AI functions „BETA" in the UI. The removal of the notice in a later version is not an implied fitness warranty.

2. Customer’s input responsibility

2.1 The customer is solely responsible for the data entered („prompts", „documents", „datasets"). It ensures it is entitled to process them, that a valid legal basis under Art. 6 (where applicable Art. 9) GDPR exists for personal data, that no third-party trade secrets are introduced without authorisation, and that no unlawful content (in particular §§ 86, 86a, 130, 131, 184 StGB) is entered.

2.2 The customer indemnifies HEINI against third-party claims based on a breach of 2.1, to the extent the customer is responsible.

2.3 Prohibited inputs (selection): sensitive third-party data without a legal basis; confidential information whose processing is prohibited to the customer (e.g. NDAs); content for high-risk applications within the meaning of Annex III AI Act (§ 2.5 Terms).

3. AI output — ownership, rights, duty to check

3.1 Ownership. Output generated from the customer’s inputs belongs — where legally attributable — to the customer. HEINI claims no own IP rights in the output unless expressly agreed otherwise.

3.2 No warranty of clear title. HEINI does not warrant that the output is free of third-party rights. The customer checks usability on its own responsibility (copyright, trademarks, personality rights, licence ties, database rights).

3.3 Human-in-the-loop obligation. The customer does not use AI output without its own substantive check for legal, financially relevant, safety-relevant or health-related decisions (cardinal obligation, corresponding to § 4.3 Terms). In particular for accounting/tax functions (cf. Terms § 6.7 — no tax advice within StBerG) and dunning/collection functions (cf. Terms § 6.8 — no legal/collection service within RDG), HEINI only prepares; the professional or legal assessment and execution rest with the customer or its tax advisor or a registered debt-collection provider.

3.4 Hallucination disclaimer. HEINI is not liable for damage resulting from the customer using output without the check required under 3.3. The unlimited liability cases under § 8.1 Terms remain unaffected.

4. Training ban

4.1 HEINI does not use the customer’s inputs and output for training, fine-tuning or improving its own or third-party AI models.

4.2 HEINI contractually binds the engaged sub-AI providers (DPA Annex A, no. 7) not to use customer data for model training.

4.3 HEINI may use aggregated and fully anonymised telemetry (number of requests, response times, token usage) for platform optimisation; re-identification of individual inputs is excluded.

5. Transparency under the AI Act (Regulation (EU) 2024/1689)

5.1 Art. 50 AI Act. From 2 August 2026 HEINI gives a notice recognisable to a natural person that they are interacting with AI, unless obvious from the circumstances.

5.2 Synthetic content. Synthetic content (text, image, audio, video) created by the AI colleague is marked machine-readably and recognisably as AI-generated where Art. 50(2) AI Act requires.

5.3 High-risk ban. Use for high-risk applications within the meaning of Annex III AI Act is excluded under § 2.5 Terms; the customer ensures this organisationally.

5.4 Prohibited practices (Art. 5 AI Act). Use for practices prohibited under Art. 5 (social scoring, manipulative behavioural influence, real-time remote biometric identification in public spaces, etc.) is excluded; violations entitle HEINI to immediate suspension (§ 11 Terms).

6. AI models and sub-providers used

6.1 The models and sub-providers used follow from Annex A (DPA), no. 7.

6.2 HEINI may change models and sub-providers; a change is announced per DPA no. 7.4.

6.3 Model classification. Where HEINI uses general-purpose AI models (Art. 51 et seq. AI Act), this is done in line with the requirements for downstream use (Art. 53 et seq.).

6.4 Customer’s own model (BYOK). The customer may optionally bring its own AI model/provider (bring-your-own-key). Then inference runs via the provider chosen by the customer; selection, contractual relationship and data-protection responsibility lie with the customer (cf. Terms § 6.2a, DPA no. 7.3a). The HEINI default sub-providers apply only where no BYOK is used.

7. Survival and termination

7.1 In case of conflict between this Annex C and advertising statements, this Annex C prevails.

7.2 If the customer terminates due to material breaches by HEINI in the AI area, § 11.3 and § 11.4 Terms apply (extraordinary termination, pro-rata refund). Version 2.1 — as of 16 June 2026.