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General Terms and Conditions

NENNA.AI Terms of Use

General Information

NENNA.AI GmbH, Kadiner Straße 11, 10243 Berlin, represented by managing directors Alexander Siebert and Lars Moll, registered with the Commercial Register (Amtsgericht Charlottenburg) under registration number HRB 259318 B.

Preamble

NENNA.AI is a company specializing in data security and AI enablement platforms. The company's purpose is the development, distribution, operation, and licensing of software products and custom solutions. NENNA.AI's enablement platform for enterprises secures and controls AI usage within organizations, ensures that no data leaks occur when working with AI models and that full compliance is ensured, while simultaneously enabling employees to use AI effectively. With NENNA.AI, company data remains private, customized AI models are trained for competitive advantage, and AI adoption within your organization is scaled.

1 General Provisions

1.1 These terms and conditions apply to the use of NENNA.AI software in accordance with the current product description and the Order Form as Software as a Service ("SaaS") or cloud offering.

1.2 The End Customer is enabled to use the software stored on and running on NENNA.AI's servers or those of its hosting partner via an internet connection during the term of the contract concluded via the Order Form for its own purposes and to store and process data.

1.3 The software, the computing power required for its use, and the required storage and data processing capacity are provided by NENNA.AI. NENNA.AI is not obligated to establish or maintain the data connection between the End Customer's IT systems and the server on which the software runs.

1.4 Individual agreements concluded with the End Customer on a case-by-case basis (including side agreements, supplements, and amendments) and information contained in the Order Form take precedence over these General Terms and Conditions. The content of such agreements shall be governed by a written contract or written confirmation from NENNA.AI, subject to evidence to the contrary.

1.5 General terms and conditions of the End Customer are not agreed upon.

1.6 NENNA.AI's offer is exclusively directed at enterprises, government agencies, and institutions. These General Terms and Conditions apply to all current and future deliveries and services of NENNA.AI.

1.7 For each update of the NENNA.AI solution, NENNA.AI shall provide the End Customer with documentation in electronic form.

2 Service Offering

2.1 These GTC apply to the following software solutions of NENNA.AI: Nenna Watch and Nenna Chat (Versions: Team, Department, Enterprise)

The individual product features of Nenna Chat are depicted graphically below and are offered individually according to customer requirements.

Nenna Watch is a browser extension that secures, tracks, and can block the use of over 300 different AI services.

2.2 Prices for the use of NENNA.AI are determined by the amounts specified in the Order Form (order for the use of NENNA.AI) with the End Customer. The contract with the End Customer comes into effect upon signature of the Order Form.

2.3 Use of Third-Party AI Models ("Model Providers")

2.3.1 NENNA.AI shall provide the End Customer with technical integration with AI models and services of third-party providers ("Model Providers") as part of its service offering. The selection, change, and configuration of Model Providers shall be carried out at NENNA.AI's reasonable discretion, taking into account the legitimate interests of the End Customer.

2.3.2 The operation, availability, response quality, and functionality of the AI models are the sole responsibility of the respective Model Providers. In this regard, NENNA.AI shall only owe the proper connection of the platform with the Model Providers.

2.3.3 The End Customer undertakes to use the platform exclusively in accordance with applicable law and these GTC. In particular, the End Customer shall ensure that neither the End Customer nor its users abuse the platform for purposes that violate the integrity of the services, the rights of third parties, or ethical standards for the use of AI.

Abusive use includes, in particular:

a) Content Restrictions:Creating, uploading, or distributing any content that:

  • violates applicable criminal law, youth protection regulations, or third-party rights (e.g., copyright, personality rights, or trademark rights);

  • is discriminatory, racist, inciting to hatred, glorifying violence, or pornographic in nature;

  • serves to deceive third parties (e.g., creation of fake news, unidentified deepfakes, phishing, or social engineering).

b) Technical Restrictions:Any action aimed at:

  • circumventing, impairing, or testing the security measures of the platform or the connected AI models (e.g., through reverse engineering, prompt injection, or jailbreaking);

  • overloading services through mass or automated requests (e.g., scraping, botnets) beyond the agreed scope ("Denial of Service");

  • developing or distributing malware, viruses, or malicious code.

c) Compliance with Provider Standards:The End Customer acknowledges that the provision of AI models is subject to the "Acceptable Use Policies" of the respective Model Providers. Insofar as NENNA.AI informs the End Customer of specific usage restrictions of a Provider (e.g., within the scope of product documentation or a notification), these shall be considered a binding part of the contractual use obligations.

2.3.4 If, due to use attributable to the End Customer or its users, a Model Provider imposes a suspension, restriction, or other sanction (e.g., API key suspension, rate limits, feature blocks), NENNA.AI shall be entitled to suspend the affected platform functions in whole or in part for the End Customer for the duration of the Model Provider's measure. NENNA.AI does not guarantee availability with respect to the affected functions during this period; corresponding downtime shall not be deemed unavailability within the meaning of any SLA provisions, insofar as NENNA.AI is not responsible for the suspension.

2.3.5 The End Customer shall be liable for all actions and omissions of its employees, administrators, other users, and third parties to whom it grants access to the platform, as well as for its own conduct. This applies in particular to willful or grossly negligent platform and API abuse.

2.3.6 The End Customer shall indemnify NENNA.AI against claims from Model Providers and other third parties, insofar as these are based on a culpable breach of the Model Providers' requirements or these GTC by the End Customer or its users. The indemnification shall also include reasonable legal defense costs as well as contractual penalties or fees that the Model Provider demonstrably asserts against NENNA.AI due to the End Customer's misconduct. NENNA.AI shall notify the End Customer immediately of such claims and shall not acknowledge any payments without prior consultation, unless NENNA.AI is legally obligated to do so.

2.4 Fair Use and Usage Limitations

2.4.1 Insofar as not expressly agreed otherwise (e.g., BYOK or 1:1 billing), the use of the platform shall be subject to caps on the number of requests (queries) per time interval in order to ensure system stability and availability for all customers.

2.4.2 The charging of a user's input to the usage quota shall occur dynamically based on complexity (in particular, token volume). A single complex interaction (e.g., processing very large documents) may be counted as multiple standard requests.

2.4.3 The categorization of AI models into categories (e.g., Standard vs. High-Performance) and the specific limits per category are set forth in NENNA.AI's Fair Use Policy. NENNA.AI shall be entitled to adjust models and limits in the policy insofar as this is required due to technical changes or changed cost structures of the Model Providers and is reasonable for the End Customer.

2.4.4 When a user reaches the limit, access to the affected model category may be paused until the end of the time interval (throttling). Permanent blocking shall only occur in the event of technical abuse.

3 Security & Data Protection

3.1 NENNA.AI undertakes to comply with all applicable data protection laws and regulations and to implement appropriate technical and organizational measures to ensure the security of the End Customer's personal data.

3.2 NENNA.AI has implemented appropriate measures in accordance with the state of the art to ensure the confidentiality of information, including the use of access restrictions and encryption technologies. The platform is operated at a server location in Germany.

3.3 NENNA.AI shall neither exploit the End Customer's data or content itself nor make it accessible to third parties, except for hosting purposes.

3.4 The End Customer's data and content shall be deleted by NENNA.AI immediately upon termination of the contract, or (if earlier in time) at the direct instruction of the End Customer, unless statutory retention periods apply.

3.5 The End Customer processes personal data on IT systems for which NENNA.AI is technically responsible. For this purpose, a Data Processing Agreement (DPA) pursuant to Article 28(3) of the GDPR shall be concluded with the End Customer.

3.6 In the event of a personal data breach, NENNA.AI's liability shall be determined by the provisions of the Data Processing Agreement (DPA) concluded between the parties and the general liability limitation pursuant to Section 10 of these GTC. Any further direct contractual liability for fines imposed against the End Customer is excluded insofar as legally permissible.

4 Usage Rights and Rights for NENNA.AI

4.1 NENNA.AI's solution is offered to the End Customer as a SaaS solution. Accordingly, the application generally runs on servers of NENNA.AI or its hosting partner. The End Customer does not require copyright usage rights to the software, and NENNA.AI does not grant such rights.

4.2 NENNA.AI grants the End Customer a non-exclusive, non-transferable, and revocable license to use the software in accordance with the conditions of these General Terms and Conditions. The End Customer receives the simple right to use the software solely for its own internal use.

4.3 Transfer, sublicensing, publication, or commercial exploitation of the software or its components is only permitted with the express written consent of NENNA.AI.

4.4 Reverse engineering, decompilation, or other forms of source code analysis are prohibited, unless expressly permitted by law.

4.5 For the purposes of contract performance, the End Customer grants NENNA.AI the right to duplicate and store the data to be stored by NENNA.AI for the End Customer, insofar as this is necessary to provide the services owed under this contract.

4.6 NENNA.AI shall also be entitled to maintain the data in a backup system or separate backup data center. To remedy system failures, NENNA.AI shall further be entitled to make changes to the structure of the data or data format.

4.7 The End Customer retains all rights, titles, and claims to the data it enters into the platform ("Input"). NENNA.AI does not claim intellectual property rights in the outputs generated by the AI models ("Output"). Insofar as NENNA.AI should acquire copyright or related rights to the outputs, NENNA.AI hereby transfers these in full, irrevocably, and (upon payment of the agreed compensation) with full discharge to the End Customer for any use whatsoever.

5 Contract Term and Termination

5.1 The contract on the basis of these GTC begins on the date specified in the Order Form or, if no date is named therein, upon NENNA.AI's provision of access credentials to the software to the End Customer.

5.2 The contract term and notice period shall be governed by the provisions agreed upon in the Order Form. Insofar as the Order Form does not provide for different provisions, the following shall apply:

  • Monthly Packages: The minimum term is one (1) month. The contract shall automatically renew for each additional month if not terminated with a notice period of 14 days prior to the end of the contract month.

  • Annual Packages: The minimum term is twelve (12) months. The contract shall automatically renew for each additional twelve (12) months if not terminated with a notice period of 60 days prior to the end of each contract year.

5.3 The right to terminate for good cause remains reserved to both parties subject to the statutory requirements being met. Good cause for NENNA.AI exists in particular if the End Customer fails to pay a due invoice or fee for more than two months, despite written notice of default. Insofar as the End Customer is responsible for the grounds for termination, the End Customer shall be obligated to pay NENNA.AI the agreed compensation minus expenses saved by NENNA.AI, up to the date on which the contract could first end upon ordinary termination.

5.4 Termination notices must be in text form to be effective.

5.5 Upon contract termination, NENNA.AI shall provide the End Customer with the ability to export its data (e.g., chat histories) in a common format (e.g., JSON or CSV). Following a grace period of 30 days after contract termination, NENNA.AI shall be entitled to delete the data irrevocably, unless statutory retention obligations apply.

6 Customer Cooperation

6.1 The End Customer shall support NENNA.AI in all work necessary for contract performance by providing NENNA.AI with all information and access required for service delivery, and by using the software within the agreed use scenarios.

6.2 The End Customer undertakes not to store any content or data that is punishable or otherwise unlawful, whether in absolute terms or in relation to individual third parties, and not to use any programs containing viruses or other malicious software in connection with the software. The End Customer undertakes not to use the software for the operation of high-risk AI systems within the meaning of Article 6 of EU Regulation 2024/1689 (EU AI Act), unless expressly agreed in the Order Form. The use of techniques that manipulate the behavior of individuals (subliminal techniques) or that engage in social scoring is also prohibited.

6.3 The End Customer remains the controller with respect to personal data and is solely responsible for all content it uses and all data it processes, as well as for any legal basis required therefor under applicable data protection law. The End Customer shall therefore always verify whether the processing of such data through the use of NENNA.AI's software is supported by an appropriate legal basis under applicable data protection law.

6.4 The End Customer undertakes to indemnify NENNA.AI from and against any liability and all costs, including possible and actual costs of legal proceedings, insofar as these are based on a culpable breach of statutory provisions or these GTC by the End Customer or its users. NENNA.AI shall notify the End Customer of any claims asserted against it and, insofar as legally possible, shall provide the End Customer with the opportunity to defend against such claims. At the same time, the End Customer shall immediately provide NENNA.AI with all available information regarding the facts of the matter in full.

6.5 The End Customer shall be obligated to delete or render unusable all access data, login information, and other authentication mechanisms relating to the use of the software immediately upon expiry of the contract term.

6.6 Administration, Configuration, and Customer-Supplied Components

6.6.1 The End Customer shall designate one or more administrators responsible for the setup, configuration, and ongoing administration of the platform within the End Customer's organization. The End Customer shall ensure that only appropriately trained and supervised individuals receive administrator rights.

6.6.2 Insofar as NENNA.AI provides the End Customer with configuration options, interfaces, script, agent, or plug-in functionality, the End Customer shall generally make changes to security-, data protection-, or compliance-relevant settings only in coordination with NENNA.AI, unless NENNA.AI's documentation expressly provides for independent adjustment by the End Customer.

6.6.3 The End Customer shall ensure that administrators and users do not introduce or execute any content, scripts, agents, integrations, or other components into or via the platform that:

  • impair or could impair the security, integrity, or availability of systems operated by NENNA.AI;

  • enable unauthorized access to data of NENNA.AI or other customers;

  • otherwise contain unlawful, harmful, or security-threatening functions.

6.6.4 The End Customer is responsible for ensuring that all configurations, third-party system integrations, and components introduced by it or its administrators (e.g., through low-code/no-code or agent systems) comply with NENNA.AI's technical specifications, best practices, and resulting data flows. Review or consulting services offered at the End Customer's express request shall be charged separately, unless otherwise agreed.

6.6.5 Insofar as customer-side configurations cause data (in particular personal data, chat content, usage data, or feedback) to be transmitted to systems or services outside the contractually agreed platform infrastructure, the End Customer shall act as an independent controller within the meaning of the GDPR. The provider is neither a controller nor a processor with respect to such data processing activities.

6.6.6 The End Customer shall indemnify the provider from and against all claims by third parties (including supervisory authorities and data subjects) arising from incorrectly performed customer-side integrations and the associated data processing asserted as damages against the provider. This shall also include reasonable legal defense costs.

6.6.7 Insofar as customer-side integrations lead or could lead to security incidents, personal data breaches, or other disruptions to the platform, the End Customer shall be obligated to notify the provider immediately upon becoming aware of such incidents and to cooperate in remedying the disruption.

6.6.8 The End Customer shall be liable for all actions and omissions of its administrators, users, and other third parties to whom it grants access to the platform, as if they were its own actions and omissions.

6.7 The End Customer is solely responsible for regularly backing up its data and content (in particular prompts and chat histories), insofar as the platform provides export options for this purpose.

7 Support and Service Level Agreement (SLA)

7.1 A support case exists when the software fails to perform its functions as described in the product description and as contractually required.

7.2 The Service Levels described below represent a correlation between error and/or malfunction classifications (hereinafter: "Error Classifications") and response times, which are essentially oriented to the severity of occurring malfunctions or errors.

7.3 The End Customer shall report malfunctions (which may subsequently be classified as errors) to NENNA.AI's ticketing system, to which the End Customer has been granted corresponding access permissions, and shall assign each report to an Error Classification. Should NENNA.AI assess the Error Classification differently, the parties shall consult to establish a joint understanding.

7.4 The End Customer shall be obligated to report functional failures, malfunctions, or impairments to the software immediately and as precisely as possible to NENNA.AI.

7.5 Availability

7.5.1 NENNA.AI guarantees availability of the software solution of 99.5% during normal operating hours, excluding planned maintenance windows. Normal operating hours are defined as 24 hours per day, 7 days per week.

7.5.2 NENNA.AI shall conduct active monitoring of the live system and shall ensure active intervention in erroneous and/or problematic system states. Support shall be provided, unless otherwise agreed, on business days between 08:00 and 18:00 hours.

A. Error Classifications

Error Class F1Description: Production operation is significantly impaired or entirely prevented by the error in essential respects.Example: A core function is not executed at all or is executed so defectively that the intended effect cannot be achieved even through an alternative method.

Error Class F2Description: Production operation is materially impaired by the error. Meaningful use of the application is only possible in a limited manner.Example: A function is not executed at all or is executed so defectively that the intended effect cannot be achieved even through an alternative method.

Error Class F3Description: Production operation is not restricted, or only insignificantly restricted, by the error.Example: A function is not executed or is executed defectively, but the intended effect can nonetheless be achieved through an alternative method.

B. Response Times

The response times set out below describe how NENNA.AI will respond to notifications from the End Customer.

Error Class F1

  • Acknowledgment of receipt: immediately (within NENNA.AI's business hours)

  • Commencement of analysis/error investigation: immediately

  • Target for remedy: as quickly as possible, and within one business day

Error Class F2

  • Acknowledgment of receipt: on the business day following receipt of the error report

  • Commencement of analysis/error investigation: within three business days, or earlier in urgent cases

  • Target for remedy: identification of a workaround or completion of permanent correction with integration testing within 3 business days where possible; permanent remedy within ten business days where possible

Error Class F3

  • Commencement of analysis/error investigation: within one business week

  • Target for remedy: NENNA.AI shall communicate an estimated completion date. Delivery shall generally take place together with other fixes, releases, or versions.

7.6 The stated response times shall apply on the condition that the End Customer cooperates in troubleshooting insofar as required. Both parties shall regularly inform each other of the status of error correction.

7.7 Downtime or performance limitations attributable to:

  • usage limits introduced or adjusted by NENNA.AI pursuant to Section 2.4 for fair use reasons; or

  • measures taken by Model Providers pursuant to Section 2.3

shall not be deemed unavailability within the meaning of this SLA, insofar as NENNA.AI is not responsible for the underlying cause.

8 Force Majeure

8.1 Force majeure shall include such circumstances and occurrences that could not have been prevented through the exercise of ordinary business management care, including: unforeseeable operational, traffic, or shipping disruptions, fire damage, flooding, unforeseeable shortages of labor, energy, raw materials, or auxiliary materials, strikes, lockouts, governmental orders, and pandemics.

8.2 If performance by NENNA.AI is delayed by more than one (1) month as a result of force majeure, the End Customer shall be entitled to terminate the contract for good cause.

9 Warranty

9.1 The statutory warranty provisions shall apply in principle.

9.2 Sections 536b and 536c of the German Civil Code (BGB) are not excluded. The application of Section 536a(2) BGB is excluded. The application of Section 536a(1) BGB (lessor's liability for damages) is also excluded insofar as that provision provides for strict liability.

9.3 NENNA.AI is not aware of the services offered by it infringing any third-party intellectual property rights. Should this prove to be the case, NENNA.AI shall have the right, at its own expense, either to modify the service such that no third-party intellectual property rights are infringed (while maintaining substantially the same suitability for the contractually agreed use), or to acquire the necessary usage rights. Only if NENNA.AI refuses both options shall the End Customer have the right to terminate the contract for good cause.

9.4 The End Customer acknowledges that AI models operate on the basis of statistical probabilities and may generate results ("Outputs") that contain factual inaccuracies or errors, commonly referred to as "hallucinations" in AI terminology. NENNA.AI therefore does not guarantee the accuracy, completeness, or timeliness of generated outputs. The End Customer shall be obligated to critically review all results prior to use (in particular in business transactions or when forming decisions).

10 Liability

10.1 The End Customer's claims for damages or reimbursement of wasted expenses shall be governed exclusively by this Section 10, regardless of the legal nature of the claim.

10.2 NENNA.AI shall be liable for intentional misconduct or gross negligence, damages resulting from the absence of a guaranteed characteristic, culpable breaches of essential contractual obligations (so-called cardinal obligations), damages resulting from culpable injury to life, body, or health, or any liability arising under the Product Liability Act (Produkthaftungsgesetz), in accordance with statutory provisions.For ordinary negligence, NENNA.AI shall only be liable for breach of an essential contractual obligation whose performance is absolutely necessary for the proper execution of the contract and on whose observance the parties may regularly rely.

10.3 In cases of ordinary negligence, liability shall be limited to foreseeable damage with whose occurrence it is typically to be reckoned."

10.4 In providing the software solution, NENNA.AI shall maintain industry-standard care and diligence. NENNA.AI employs state-of-the-art detection algorithms for masking sensitive data. The End Customer acknowledges, however, that according to the current state of technology, 100% detection accuracy cannot be technically guaranteed in AI-based classification procedures. Liability for isolated failure to detect data is therefore excluded, provided that NENNA.AI has operated its detection systems properly and in accordance with the state of the art.

10.5 NENNA.AI provides the End Customer with use of the software for a limited period within the scope of the service catalog. Strict liability for defects existing at the time of contract formation (i.e., at the time of signing the Order Form) is excluded.

10.6 NENNA.AI shall not be liable for data loss insofar as the damage is attributable to the End Customer's failure to perform regular data backups and thereby ensure that lost data or programs can be recovered with reasonable effort.

10.7 The foregoing provisions shall also apply in favor of any vicarious agents engaged by NENNA.AI.

10.8 Liability for Abuse and Provider Sanctions

10.8.1 If the End Customer culpably violates its obligations under Section 2.3 or Section 6.6 and this results in suspensions, fines, or other sanctions imposed by a Model Provider against NENNA.AI, the End Customer shall be obligated to compensate NENNA.AI for the resulting damages.

10.8.2 Compensable damages include in particular:

  • contractual penalties, fees, or damage claims asserted by Model Providers against NENNA.AI;

  • reasonable legal defense costs incurred in defending against unjustified demands by Providers.

10.8.3 Insofar as the End Customer suffers damages resulting from measures taken by Model Providers (e.g., suspensions), NENNA.AI shall not be liable therefor if the measure is attributable to a breach of obligation on the part of the End Customer.

10.8.4 The foregoing provisions apply supplementally to the other liability provisions of this Section 10. Any applicable liability caps and mandatory statutory liability provisions remain unaffected.

10.9 NENNA.AI shall not be liable for damages, malfunctions, data loss, or availability impairments arising from the fact that the End Customer or its administrators or users:

  • change platform configurations, security settings, or integrations without prior coordination with NENNA.AI and contrary to the requirements of the documentation; or

  • introduce or execute harmful or defective scripts, agents, plug-ins, or other components into or via the platform;

insofar as NENNA.AI is not responsible for the respective actions or omissions. In such cases, no claims for service credits under the SLA shall be available.

10.10 The End Customer shall indemnify NENNA.AI against all third-party claims arising from the actions or omissions described in Section 10.9 by its administrators, users, or other third parties to whom it has granted access to the platform.The remaining mandatory liability provisions (in particular for damages arising from injury to life, body, or health, and under the Product Liability Act) remain unaffected.

11 Amendments to the GTC

11.1 NENNA.AI shall be entitled to amend these GTC insofar as this is required for compelling reasons (e.g., changes in case law, legislative developments, or material technical changes to the platform) and does not unreasonably disadvantage the End Customer.

11.2 Amendments shall be announced to the End Customer at least six weeks before their effective date in text form (e.g., by email). Amendments shall be deemed approved if the End Customer does not object in text form within four weeks of receipt of the announcement.

11.3 NENNA.AI shall separately draw the End Customer's attention in the announcement to the right to object and the legal consequences of silence. If the End Customer objects, NENNA.AI shall have the right to terminate the contract with ordinary notice as of the effective date of the amendments.

12 Final Provisions

12.1 German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 Place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Berlin, provided the End Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law.

12.3 Should any individual provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by the applicable statutory provisions.

Status: Berlin, January 2026