These Terms govern the cooperation between AIream (“Provider”) and the customer regarding the use of AIream’s development pipeline for creating and further developing customer-specific web applications.
1. Subject Matter — Access to the Development Pipeline
- The subject matter is access to AIream’s highly automated hybrid development pipeline.
- The pipeline combines AI agents for code and design generation, automated testing and deployment automation with human experts for curation, architecture, quality assurance and communication.
- AIream provides and operates this pipeline and performs automated, AI-assisted processing of development steps approved by the customer via the roadmap within booked packages.
Legal Nature: Service Contract, Not a Works Contract
- The contract is a service contract within the meaning of Sections 611 et seq. BGB. AIream owes the activity — provision of booked pipeline capacity and proper processing of approved roadmap items — but does not owe any specific result, work or acceptance-ready deliverable within the meaning of German works contract law.
- In particular, AIream does not owe any specific number of features, specific roadmap items, specific functional scope, specific completion level, specific quality level in the sense of a works contract, or specific delivery date per package. What is delivered in each package depends on the prioritized roadmap items, the cooperation provided by the customer (see Section 6), the AI tools used and available pipeline capacity.
- There is no works-contract acceptance within the meaning of Section 640 BGB. The package is deemed rendered upon full consumption of the pipeline capacity it contains, at the latest upon expiry of its validity period (see Sections 7 and 8); feedback is treated as a roadmap item in subsequent packages (see Section 6).
Duty of Care of the Provider
- AIream undertakes to process the roadmap items approved by the customer with the diligence of a prudent merchant (Sorgfalt eines ordentlichen Kaufmanns) and in line with the current state of the AI-assisted tools, established development methods and industry-standard practices used by AIream.
- This includes in particular the curated selection and steering of the tools used, plausibility-based technical review of the generated work results by human experts, traceable recording of work steps in the workspace, and continuous maintenance and improvement of the pipeline.
- This duty of care reflects the service-contract nature of the agreement (see preceding clause). It expressly does not create a works-contract success obligation, no guarantee of a specific functional scope, no claim to a specific quality level in the sense of a works contract and no delivery date in the sense of a deadline under Section 271 BGB.
Not Covered
- Mobile applications for app stores (iOS App Store, Google Play) are not part of the scope. Mobile apps require a separate follow-up agreement.
- AIream does not owe any specific economic success, market acceptance, fitness for a particular purpose, suitability for a specific regulatory context, or any specific number, type or quality of delivered work results.
- AIream provides the pipeline capacity according to the selected package; delivery happens within a package-by-package, incremental cooperation (see Section 6).
Joint Project Kick-Off — Free Initial Call and First Version
- AIream offers interested companies a free initial video call of approximately 30 minutes, set up as a joint project kick-off between customer and AIream. The aim is to structure the customer’s idea together, agree on an initial functional scope and, on that basis, create a first runnable version (“Free First Version”) with deliberately limited functionality that serves as a solid foundation for the subsequent cooperation.
- The Free First Version is provided to the customer after the initial call for a limited evaluation period of 30 days from the date of the initial call, as a runnable application in a preview environment, without requiring a plan booking. If no plan is booked and paid within those 30 days, the preview environment is deactivated (details on workspace deactivation and data deletion: see Section 10).
- During this pre-contract phase, no source code access is granted in any form (no inspection, no repository access, no export, no handover of snippets or build artifacts), and no usage or exploitation rights are granted. The customer may use the provided runnable application solely for its own testing, review and evaluation purposes (see Section 3 and Section 4).
- The initial call is a non-binding, free pre-contractual offering by AIream. The initial call and the provision of the Free First Version do not establish a paid contract; such a contract requires a separate plan booking and payment by the customer.
2. Confidentiality, Data Protection and AI Use
Integrated NDA
- The confidentiality obligations in this section constitute a full bilateral NDA between AIream and the customer. No separate NDA is required and none will be additionally concluded upon plan booking. The NDA contained in these Terms is sufficient and final.
Provider Confidentiality
- AIream treats all customer information submitted in the cooperation as confidential, including ideas, concepts, documents, business plans, third-party personal data and technical specifications.
- The obligation applies from the first contact (in particular already before and during any free initial call) and continues for 3 years after the end of the contractual relationship.
- If at least one payment was made, the 3-year period starts on the date of the last payment. If no payment was made, it starts on the date of first contact.
- Trade secrets under the German Trade Secrets Act, access data, security information, unpublished technical information requiring special protection and personal data remain protected without time limit for as long as they have not lawfully become public.
- Disclosure to third parties is permitted only where necessary for contract performance (e.g. hosting subcontractors, AI model providers) and only if the recipient is bound by confidentiality.
Customer Confidentiality
- The customer treats all non-public AIream information obtained in the cooperation as confidential.
- This includes information about the development pipeline, internal tools, automations, prompt libraries, architecture and implementation patterns, security and access information, workspace structures, non-public technical documentation, internal processes, calculations, individual offers and AIream trade and business secrets.
- The customer may use AIream confidential information only as required to review, use or further develop its own project under these Terms.
- Disclosure to third parties is permitted only where required for the customer project and only if the third party has first been bound to confidentiality in text form. Disclosure to AIream competitors requires AIream’s prior consent.
- The customer’s confidentiality obligation applies from first access to AIream confidential information and continues for the same period as AIream’s obligation.
- AIream trade secrets, access data, security information, unpublished technical information requiring special protection, internal tools, prompt libraries and automation concepts remain protected without time limit for as long as they have not lawfully become public.
Confidential Information
- Confidential information includes all non-public information disclosed by either party, regardless of form, and derived content or work results to the extent they are customer-specific or provider-confidential.
- Information is not confidential if it (i) is already public or becomes public without fault of the receiving party, (ii) was lawfully known before disclosure, (iii) is lawfully obtained from third parties without confidentiality obligation, or (iv) must be disclosed by law or official order (in which case the receiving party informs the disclosing party in advance where permitted).
Return and Deletion
- Upon customer request after contract end, AIream returns or deletes materials and data provided by the customer, unless statutory retention duties apply.
Data Protection
- If AIream processes personal data on behalf of the customer in the cooperation, the customer generally acts as controller within the meaning of Art. 4 (7) GDPR and AIream as processor within the meaning of Art. 4 (8) GDPR, unless expressly agreed otherwise in the individual case.
- In that case, a Data Processing Agreement (DPA / AVV) under Art. 28 GDPR must be concluded before processing starts. AIream provides a separate DPA as a contractual annex. Without the required DPA, AIream may refuse or suspend processing of personal data on the customer’s behalf.
- The DPA covers in particular subject matter and duration of processing, nature and purpose of processing, categories of personal data, categories of affected persons, customer instructions, technical and organizational measures (TOMs) under Art. 32 GDPR, subprocessors, third-country transfers, deletion and return of data, and support and audit duties.
- The customer is responsible for lawfully providing personal data to AIream and for having a sufficient legal basis. This applies in particular to personal data of the customer’s employees, customers, prospects, users and other third parties.
- Special categories of personal data within the meaning of Art. 9 GDPR, health data, children’s data, biometric data, payment data, ID data, criminal-law-relevant data, trade secrets requiring special protection and other particularly confidential or regulated data may be provided only if expressly agreed in text form in advance, the required DPA is concluded and appropriate safeguards are defined.
- If the customer provides such data without prior agreement, this happens outside the agreed scope. The customer bears responsibility for lawfulness, necessity, labelling and minimization of these data and for resulting risks, damages, third-party claims or authority measures, unless AIream is liable under mandatory law or due to its own breach of duty.
- AIream processes customer personal data only on documented customer instructions, unless processing is legally required. Instructions may in particular be given via the workspace, the roadmap, tickets, email or other text-form documented communication channels.
- AIream may use suitable subprocessors for hosting, development, communication, AI-assisted processing, testing, deployment or other contract performance, subject to the DPA.
- Where personal data are processed or made accessible outside the EU/EEA, this happens only based on suitable data protection safeguards, in particular an adequacy decision, the EU-U.S. Data Privacy Framework or Standard Contractual Clauses, as required.
- AIream’s website privacy policy applies to processing where AIream itself acts as controller, in particular website visits, contact inquiries, communication, billing and AIream’s own business operations. It does not replace a required DPA for processing within customer projects.
AI Use and No Training (Contractual Commitment)
- AIream commits to the customer that content submitted by the customer in the course of the cooperation will not be used to train public or provider-internal foundation models. For third-party AI providers, AIream selects no-training modes where available.
- The customer must check before submitting particularly confidential, sensitive or regulated data whether processing by AI tools or subprocessors is necessary and lawful for the project. Without prior express agreement, AIream is not required to process such data in special protected environments or to exclude it from AI-assisted development.
- The specific AI providers used during the pre-contractual phase (processing of contact inquiries and project ideas before a plan is booked) are listed in AIream’s website privacy policy; in that context AIream acts as controller toward the inquirer. The specific AI providers and subprocessors used during the ongoing customer project follow from the DPA under Art. 28 GDPR.
AI-Assisted Development and Regulatory Responsibility
- AIream uses AI-assisted tools and generally available third-party models to a significant extent, in particular for code generation, analysis, documentation, testing support, debugging and automation of development steps. Human steering, domain assessment and curated quality assurance remain part of the service.
- AIream’s service is the development of customer-specific software using such tools. AIream does not provide its own foundation models or general-purpose AI models to the customer and, without a separate agreement, does not owe the development, conformity assessment or certification of a regulated AI system.
- The customer is responsible for describing the intended use, target users, affected user groups, data to be processed and regulatory context of the project.
- The customer must inform AIream before and during the cooperation in text form without undue delay if the project or individual features are intended for regulated or higher-risk areas, including medicine, health, biometrics, employment and personnel decisions, education, creditworthiness, insurance, critical infrastructure, law enforcement, migration, public administration, product safety or other areas where automated decisions may significantly affect persons’ rights, safety, health or economic opportunities.
- Where the customer project may qualify as an AI system, high-risk AI system or part of a regulated product or service, the legal, technical and organizational implementation of the required obligations requires a separate agreement. This applies in particular to risk management, technical documentation, logging, transparency obligations, human oversight, conformity assessment, registration, monitoring and other duties under applicable law.
- AIream may refuse, pause or make conditional on a separate agreement the implementation of individual requirements where the intended use is not sufficiently disclosed or where AIream identifies special legal, security, ethical or regulatory risks.
- The customer’s responsibility for the technical, legal and regulatory suitability of the developed software under Section 9 remains unaffected.
3. Rights in the Software Product
Rights Before First Payment
- Before full payment of the first booked package, AIream grants no usage or exploitation rights in source code, designs, texts, database schemas, configuration files or other work results. In particular, no source code access is granted during this pre-contract phase — no inspection, no repository access, no export, and no handover of snippets or build artifacts (see Section 4).
- Where AIream provides the customer with a runnable application in a workspace or preview environment in advance (in particular the Free First Version under Section 1), the customer receives only a simple, non-exclusive, non-transferable and non-sublicensable right to use it internally for testing, review and evaluation purposes. Transfer, sale, sublicensing, marketing, provision as a product or service to third parties or other commercial exploitation is prohibited before the first payment.
Full Rights Grant After First Payment
- Upon full payment of the first booked package, AIream grants the customer simple, non-exclusive but otherwise unrestricted and sublicensable usage and exploitation rights in the work results created during the paid cooperation and in any previously provided runnable preview version — without territorial, temporal or content restrictions, transferable and sublicensable, for all known and unknown types of use to the extent permitted by law.
- From that point on, the customer may use, modify, further develop, reproduce, distribute, make publicly available, sublicense, transfer to third parties and exploit the source code and other work results as its own product or service to other companies, without restriction.
- The grant includes in particular copyright usage rights in source code, designs, texts, database schemas, configuration files as well as editing, reproduction, distribution and exploitation rights.
- A grant of exclusive rights is not owed. AIream expressly reserves the right to continue using, developing and exploiting its own and reusable components in parallel and without restriction in accordance with the section “Retention for Internal and General Purposes” below.
- Moral rights and other non-transferable statutory rights remain unaffected. AIream will not exercise them in a way that impairs the customer’s contractual use and exploitation.
Later Packages
- Rights in later package work results are granted upon full payment of the relevant package unless already granted.
- In case of payment default, AIream may suspend pipeline capacity until payment and assert statutory claims for payment, default interest and damages. Usage and exploitation rights in unpaid work results are not granted until full payment.
Open Source and Third-Party Components
- Delivered software may include open-source components under their respective licenses (e.g. MIT, Apache 2.0, BSD).
- A list of used components and licenses is provided with the source code where technically available and reasonably feasible (e.g. as a
THIRD_PARTY_LICENSESfile). - AIream’s rights grant applies only to AIream’s own work results, not to third-party components.
Retention for Internal and General Purposes
- AIream’s business model is the reuse of generic building blocks across many customer projects. AIream therefore retains the full right to continue using and developing its tools, methods, processes and generally reusable components.
- This retention covers in particular: the development pipeline and its components; AI prompts, prompt templates, prompt libraries, agent workflows and automations; architecture patterns, reference architectures, design systems, UI libraries, component libraries; generic code, boilerplate, frameworks, code templates, code snippets, configuration templates, infrastructure-as-code modules; database schema patterns, migration patterns, testing patterns; general know-how, experience, ideas, concepts, methods, processes, techniques; pseudonymized or aggregated learnings and improvements to the pipeline; pre-built building blocks for typical B2B use cases (e.g. authentication, payment and subscription logic, file upload, search, reporting, workflow engines, notifications, admin back-ends, multilingual support, multi-tenancy, audit logs).
- These components may be used, reproduced, modified, combined, licensed to third parties and exploited by AIream — also after granting rights to the customer — in any form for other customer projects, AIream’s own products, services, publications, training materials, demonstrations and for further development of the pipeline, without requiring a separate agreement with the customer.
- The distinction between generic and customer-specific components is not based solely on the project in which a component was first created, combined or configured, but on an overall assessment — in particular, whether the component, when separated from the specific customer content, data, brand and business logic, would also be usable generically in other projects. Where reasonable doubt remains in an individual case, the parties will discuss the classification in their mutual interest.
- Excluded from the retention are exclusively customer-specific content, data, brands, brand-related designs, customer confidential information under Section 2 and the specific customer-specific business logic (i.e. the linkage of generic building blocks into the domain logic characteristic for the customer).
- The customer acknowledges that this broad retention is a necessary part of AIream’s pipeline-based business model and a prerequisite for the calculated prices and package capacities.
4. Source Code Access
Source Code Access After First Payment
- AIream provides source code access only after full payment of the first booked package. Before first payment — including the entire 30-day evaluation period after the initial call — the customer receives access only to the runnable application in the preview environment, not to the source code, and no repository, export or download options for any source code components.
- Access is provided via a code repository (e.g. Git hosting) visible to the customer or as an export archive in the workspace, at AIream’s option.
- The customer may inspect, download and review the source code at any time.
Scope of Source Code Access
- Included: application source code, build configuration, infrastructure-as-code (if created), database migrations, test suites, documentation.
- Not included: internal pipeline tools, AI prompt libraries and automation tools of AIream that are not part of the delivery scope.
Relationship to Usage and Exploitation Rights
- Source code access and the grant of usage and exploitation rights are distinct. Before first payment, the customer may only use any provided runnable preview version within the limited scope of Section 3.
- After full payment of the first booked package, usage and exploitation rights are granted under Section 3. From that point, the customer may use, modify, reuse, share and exploit the source code and work results without restriction, except where third-party rights or open-source licenses apply.
Workspace Deactivation and Data Deletion
- Deactivation of the workspace and subsequent data deletion are governed by Section 10. Since no source code access is granted before first payment, there is no claim to handover, download or export of source code without a plan booking.
Updates
- The source code is continuously updated (at least at the end of each package).
- The customer is responsible for synchronizing its locally held state with the current repository state.
5. Production Environment
- The customer provides and operates the production environment, including hosting, domain, TLS certificates, database hosting, email delivery, storage, CDN and monitoring, and bears all related costs.
- AIream may support selection and initial setup as part of a package. Ongoing production operation requires a separate agreement.
- The customer is responsible for availability, scaling, backups, recovery, platform patching and operational security. AIream is not liable for outages, data loss or security incidents in the customer-operated production environment.
- Development and preview environments provided by AIream are not intended for production use with real third-party data.
6. Roadmap-Driven Development and Cooperation Duties
- Development follows the customer-maintained workspace roadmap.
- Roadmap items may be described, enriched, prioritized, moved or removed until they enter implementation.
- Once an item enters implementation, it is fixed for the running package; changes move to later packages.
- The customer must provide necessary information, decisions, content, access and approvals in time.
- Missing customer feedback may block pipeline processing. AIream will inform the customer and, where possible, advance alternative roadmap items. If no alternatives can be implemented, the reserved capacity counts as used.
- Delays due to missing cooperation are not attributable to AIream and do not extend deadlines.
Package Completion and Feedback (Service Contract)
- A booked package is a capacity-based service unit. It consists of providing the pipeline capacity it contains, automated and AI-assisted processing of prioritized roadmap items and, after first payment, making the resulting source code available in the workspace.
- The package is deemed rendered upon full consumption of the pipeline capacity it contains, at the latest upon expiry of its validity period (see Section 8). There is no works-contract acceptance (Section 640 BGB); neither a market-ready product nor a specific functional scope, completion level or economic success is owed. In particular, non-completion of individual roadmap items within a package does not constitute a breach of duty by AIream.
- The customer may review results in the workspace and submit feedback, change requests or bug reports in text form. These are treated as roadmap items and processed in the current or a subsequent package unless otherwise agreed.
- The consumption or validity period of a package is not paused or extended because the customer has not reviewed results, given feedback or submitted further change requests.
- This does not apply if AIream substantially failed to provide booked pipeline capacity or workspace access for reasons attributable to AIream. Statutory rights for material breaches remain unaffected.
Force Majeure
- Neither party is liable for delays, reduced performance or complete performance failures to the extent these are caused by events of force majeure or comparable events beyond the reasonable control and not attributable to the affected party.
- Force majeure events include in particular: natural disasters, pandemics, epidemics and officially ordered protective measures; war, terror, sabotage and armed conflicts; riots, uprisings and other civil unrest; official orders, sanctions and import or export restrictions; large-scale failures of power, telecommunications or internet; outages of essential cloud, hosting or AI model providers and their infrastructures, where such outages affect AIream without fault; cyber-attacks and large-scale security incidents that could not be averted by reasonable protective measures; strikes, lock-outs and labor disputes, to the extent they do not affect the affected party’s own operations and are not attributable to its fault.
- The affected party will inform the other party without undue delay in text form of the occurrence, expected duration and scope of the event and will use reasonable efforts to minimize the impact and resume performance.
- During the duration of force majeure, the affected performance obligations are suspended; contractually agreed deadlines and provisioning dates are extended by a reasonable corresponding period. Package capacity that lapses unused solely due to a force majeure event affecting AIream will be carried over to a subsequent package or, if that is not possible, partially refunded.
- If a force majeure event continues for more than 60 calendar days without foreseeable improvement, both parties are entitled to extraordinarily terminate the contract with respect to the affected performance not yet rendered. Services already rendered will be invoiced in accordance with these Terms; further claims for damages on grounds of force majeure are excluded to the extent permitted by law.
7. Plans, Packages and Prices
Package Model
- AIream offers its services in tiered plans (package sizes), each defining the pipeline capacity (development capacity) contained in a package. A package is a capacity-based service unit and is not tied to a fixed period; it is consumed by processing the prioritized roadmap items.
- The current plans, their names, the assigned pipeline capacity and the prices are published on AIream’s website and/or in the individual offer. The plan and price list in effect at the time of booking is binding; it is not part of these Terms.
- Unless expressly stated otherwise, all prices are net prices plus applicable statutory VAT.
- AIream may adjust plans, names, scope and prices with effect for future packages. Adjustments do not apply retroactively to already-booked and paid packages.
Plan Switching
- The customer may switch the plan (package size) on every booking. A switch takes effect for the next package.
Payment Terms
- Packages are invoiced upon booking and are due before the package capacity is provided (before processing begins).
- In case of payment default, AIream may suspend pipeline capacity until payment without extending delivery periods.
8. Reserved Capacity and Non-Carry-Over
- Booking a package reserves the development capacity it contains. This reservation gives the customer planning certainty but also binds AIream resources that are then unavailable to other customers.
- Unused package capacity expires upon expiry of the package’s validity period of 90 days from purchase, for any reason, including missing cooperation, changed priorities, missing feedback or external delays.
- There is no carry-over to subsequent packages, no partial refund and no extension of the validity period.
- The customer may pause between packages by not booking a further package. During a pause, no development takes place and no capacity is reserved. Resumption is possible at any time at the then-current conditions.
9. Liability
AIream’s Role
- AIream provides automated and AI-assisted development services along the customer’s roadmap, requirements, content, priorities and approvals. AIream owes provision of booked pipeline capacity, processing of approved development steps through the development pipeline and delivery of the resulting source code under these Terms, whereby for the free first version before first payment only a runnable hosted application is owed, not source code.
- AIream is not the software operator, not a service provider to the customer’s end users, not responsible for the customer’s product exploitation and, without a separate agreement, not a legal, tax, regulatory, security, audit or business strategy advisor.
- AIream in particular does not owe that the developed software is suitable for a specific economic purpose of the customer, succeeds in the market, complies with the regulatory requirements of a specific use case or runs continuously, scalably or securely in a production environment operated by the customer.
Customer’s Responsibility
- The customer is responsible for the substantive, technical and legal correctness of its requirements, content, data, roadmap items, approvals and decisions.
- The customer is responsible for checking whether the developed software is suitable for its intended use, business model, target group, industry, production environment and the exploitation planned by the customer.
- The customer is responsible for operation, deployment, hosting, monitoring, backups, security configuration, data protection and notice obligations toward its users, industry-specific regulation, product safety, labelling and documentation duties and any other duties arising from operation, marketing or use of the software by the customer, unless expressly assumed by AIream.
- AIream is not liable for damages based on incorrect, incomplete, late or unlawful customer requirements, information, data, approvals or decisions, or customer use outside the agreed scope, without required review or contrary to AIream notices.
Unlimited Liability
- AIream has unlimited liability for injury to life, body or health, for intentional or grossly negligent damage, for fraudulent concealment of defects, for express guarantees and under the German Product Liability Act and other mandatory statutory liability.
Simple Negligence
- In case of simple negligence, AIream is liable only for breach of material contractual duties. Material contractual duties are duties whose fulfilment makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies.
- In such cases, AIream’s liability is limited in amount to the typical foreseeable damage.
- Otherwise, AIream’s liability for simple negligence is excluded.
Liability Cap
- Where AIream’s liability may be limited under the above rules, it is capped in total at the net fees paid by the customer to AIream in the 3 months before the damaging event, but at least at the net fee of the last paid package.
- The cap does not apply to unlimited liability under this section.
Consequential and Third-Party Damages
- To the extent permitted by law, AIream is not liable for indirect damages, consequential damages, lost profits, lost savings, reputational damages, business interruptions, fines, end-user or third-party claims or production-operation damages, unless based on unlimited liability or breach of material contractual duties.
- The customer indemnifies AIream internally against third-party claims arising from operation, marketing, provision or use of the developed software by the customer or its end users, unless AIream is liable under the above rules.
10. Term and Termination
- The contract is concluded per package. Each booked package is a separate service unit.
- There is no automatic renewal; each further package requires a new booking.
- The customer may end the relationship by not booking the next package. Started and paid packages are completed; no partial refund applies (see Section 8).
- Extraordinary termination for cause remains unaffected for both parties.
- Confidentiality obligations (Section 2) and rights granted to the customer in the deliverables (Section 3) survive termination.
Workspace Deactivation After 30 Days, Data Deletion After 90 Days
- 30 days after the end of the last purchased package (full consumption of its capacity or expiry of its validity period), the centrally provided workspace, along with associated preview environments, repository view, roadmap UI and other interactive access points, is deactivated. With the deactivation the customer loses immediate access to the workspace and source code repository; renewed access requires booking a further package.
- During the subsequent grace period until deletion, the customer may, by booking a further package, request reactivation of the workspace and its data, to the extent the data are still available.
- 90 days after the end of the last purchased package, all customer data, source code states, roadmap content, uploaded documents, images, attachments and project configurations stored in the workspace, the development and preview environments and the associated repository and storage systems of AIream are permanently deleted, unless statutory retention duties apply.
- AIream informs the customer at least 7 days before the planned permanent deletion in text form of the upcoming deletion date and the option to arrange reactivation of the workspace or export of the data by booking a further package.
- The customer is responsible for downloading and locally securing, before the deletion period expires, any content it wishes to keep (in particular the source code provided after first payment, roadmap exports and other materials).
- Restoration of deleted data after expiry of the 90-day period is not owed. This does not apply where the deletion, the missing notice or the missing export opportunity is due to a breach of duty by AIream.
- Excluded from deletion are exclusively data whose continued storage is required by law (e.g. invoicing and accounting records under the German Commercial Code / Tax Code). These are retained only for the legally required period and only to the extent required, and are otherwise protected against third-party access.
11. Scope — B2B Only
- AIream’s offering is directed exclusively at entrepreneurs within the meaning of Section 14 German Civil Code (BGB), legal entities under public law and special funds under public law.
- Consumers within the meaning of Section 13 BGB are excluded. AIream does not enter into contracts with consumers.
- By submitting a request, booking or using the service, the customer confirms that it acts as an entrepreneur and uses the service only for commercial, self-employed professional or business purposes.
- Private or consumer use is a breach of these Terms and is not covered by the contractual scope. Mandatory statutory rights remain unaffected.
12. Use of Customer References
Use of Name, Logo and Generic Project Description
- AIream is entitled to use the customer’s name and logo and a generic, non-confidential description of the project (industry, high-level use case, type of technical building blocks used) for reference purposes, in particular on its website, in pitches, investor materials, case studies, sales presentations, press releases, social media posts and other marketing materials.
- Confidential information within the meaning of Section 2 — in particular specific business logic, business metrics, internal processes, technical details requiring special protection, personal data and other non-public customer information — is not disclosed in the context of reference use.
Customer’s Right to Object
- The customer may object to the reference use at any time with effect for the future in text form. The objection must be sent to the contact address listed in the legal notice (Impressum).
- After receipt of the objection, AIream will remove the customer’s name and logo from actively maintained marketing channels (website, ongoing pitches, current campaigns) within a reasonable period. Already printed materials, already delivered investor documents, archived press releases and content already distributed via third parties (e.g. cached content, third-party sites, social media reposts) need not be recalled.
Separation from Other Communication
- The reference clause does not affect AIream’s confidentiality obligations under Section 2 or the data protection obligations under Section 2 and any DPA.
13. Final Provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- If the customer is an entrepreneur, legal entity under public law or special fund under public law, exclusive place of jurisdiction is AIream’s registered seat.
- Amendments and additions to this contract require text form (email is sufficient). No oral side agreements exist.
- If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the legally permissible rule that comes closest to the economic purpose of the invalid provision.