General Terms and Conditions (B2B) 

for using the AI-Match 24 platform

1. Scope of application

1.1 - These General Terms and Conditions apply to all legal relationships and use of the platform [AI-Match 24] (‘Platform’), operated by AI Match GbR, Wasserweg 8, 61184 Karben (‘AI Match GbR’) and the provider of offers and services available on the AI-Match 24 - Platform [Website] as an entrepreneur in accordance with § 14 BGB (“Provider”) in the context of the use of the AI-Match 24 - Database (‘Database’).

1.2 - The platform enables users to compare AI solutions and contact providers of corresponding products and services.

1.3 - The GTC apply to companies within the meaning of § 14 of the German Civil Code (BGB); for private providers in accordance with § 13, any consumer GTC apply exclusively.

2. Subject of performance

2.1 - AI Match GbR brings together providers and interested parties of AI solutions & AI tools on the platform provided at www.aimatch24.de. For this purpose, the provider is given the opportunity to post their own content on the platform and/or retrieve third-party content from third parties. The portal does not actively broker customer contacts; rather, the providers can be reached by interested parties via a posted external link.

2.2 - The range of services also includes an information service available exclusively to registered providers, which provides the provider with published profile data and current offers (newsletter) for search queries made while logged in. If the provider changes their profile data and offers (e.g. tools or solutions on AI topics), the setting on the platform is adjusted. However, the provider can also change their preferences in their user account at any time. In addition, the platform puts interested parties in contact with the providers and/or forwards inquiries. The platform itself does not offer its own AI solutions or AI tools, but acts exclusively as a comparison platform and information service provider on this topic.

2.3 - The Provider is aware that constant and uninterrupted availability of the Platform as well as the database and its contents is not technically feasible. AI Match GbR will make every effort to ensure the availability of the platform and database, but necessary security or maintenance work or technical faults may result in the temporary unavailability of AI-Match 24's services.

2.4 - AI Match GbR is entitled to further develop the design of the AI-Match 24 platform and services, including the functionalities and content, within the framework of the state of the art and market practice, taking into account the legitimate interests of the providers. If such further development leads to an extension of the services of the respective booked product, AI-Match GbR is entitled to adjust the agreed prices in accordance with the added value created as a result. If the scope of such an adjustment exceeds a volume of more than five percent of the previously agreed price per calendar year, the provider shall have the right to object as follows: AI Match GbR shall inform the provider of the further development, give the provider the opportunity to object to the adjustments based on this in writing within a reasonable period of time from the date of notification, and point out separately that the adjustments will take effect if no objection is made. In the event of an effective objection, the price adjustment shall not be implemented.

3. Registration and supplier account

3.1 - The use of the AI-Match 24 platform requires the vendor to register on the platform. Registration is only permitted for providers who are of legal age and have full legal capacity. Only registered sellers are permitted to place advertisements in the AI-Match 24 database and make them visible on the platform.

3.2 - When registering, the Provider must provide his/her e-mail address and a password. The Provider is obliged to provide truthful and complete information when registering.

3.3 - The email address and the password are the access data for using the AI Match 24 platform that requires registration. The provider must keep the password secret and may not disclose it to third parties. If third parties become aware of the provider's password, the provider must immediately report this to AI Match GbR and change the password. Access to the user account must be treated confidentially. The provider is responsible for all activities that take place via their account.

3.4 - If the provider changes the e-mail address used for registration, he/she must inform AI Match GbR immediately. If he:she fails to do so, declarations made to him:her shall be deemed to have been received if they were sent to the address last notified to AI Match GbR.

4. Conclusion of contract, uploading content to the database

4.1 - By submitting the registration data and the content intended for inclusion in the database, the provider submits an offer to AI Match GbR to conclude a contract for the inclusion and provision of the content in the database in accordance with the published price models of AI Match GbR. AI Match GbR decides whether to accept the offer after it has been received. Acceptance of the offer is effected by the inclusion of the content (advertisement/presentation) in the database.

4.2 - § 312i para. 1 sentence 1 no. 1-3 and sentence 2 of the German Civil Code (BGB) do not apply to contracts concluded between suppliers in the context of electronic commerce.

5. Information and obligations of providers:in

5.1 - Providers who advertise AI solutions or AI tools on the AI Match 24 platform undertake to post only serious offers in compliance with the Artificial Intelligence Act (AI Act), to carefully and truthfully compile the information provided to AI Match GbR about the offer and to deactivate it immediately if the solution or tool is no longer available (e.g. marketed). Advertisements and content that violate the General Equal Treatment Act (AGG), the Artificial Intelligence Act (AI Act) or other legal regulations, common decency (e.g. raffles, competitions) or the rights of third parties are considered non-serious offers.

5.2 - The booking made for an offer applies exclusively to the initially posted offer; swapping is not permitted. Any violation of this provision will result in the deactivation of the offer on the platform without prior warning by AI Match GbR.

Only trustworthy AI and responsible AI innovations or tools that comply with the legal framework (AI Act) within the European Union are intended for the publication of AI solutions. If AI solutions or tools are published that contradict the legal framework of the AI Act, the user account will be deactivated; in the event of repeated non-compliance, AI Match GbR may arrange for the publication to be deleted.

5.3 - The resale of platform seats and quotas or other services from the AI Match GbR offer is expressly prohibited. Account use or account sharing by third parties, in particular other providers or users of AI solutions or tools offered, is also expressly prohibited. AI Match GbR has the right to demand proof of compliance with the rules of the AI-Match 24 platform in the event of a suspected breach of the above obligations. Furthermore, the provider undertakes not to pass on its data on AI solutions or tools in the form technically prepared by AI-Match 24 (offer) to third parties (with the exception of interested parties).

5.4 - Offer designs that serve the sole purpose of attracting the attention of interested parties without an actual offer are considered abuse and are prohibited. Such offer designs are given in particular in the following cases:

a. Incorrect and/or erroneous information on the AI solutions offered;

b. Multiple postings of the same AI solution or republication of the same AI solution within a short period of time after deletion of the offer;

c. Offers are misused as advertising space for the provider or third parties (including images and offers that are not related to AI solutions or do not comply with the AI-Match 24 guidelines for posting offers;

d. Entering unspecific or incorrect information in the offer (including incomplete offers); information that does not correspond to the content intended for the respective input field or is intended for another input field (e.g. e-mail address in free text);

e. Referring interested parties to paid Internet or telephone services (in particular 0190 or 0900 numbers);

f. Contact details will only be disclosed after (paid) registration with the provider or third parties.

5.5 - Offers in connection with which a commission is demanded in the event of the conclusion of a transaction must expressly mention this in the offer, as well as the amount of the commission (gross including applicable statutory VAT) and the person(s) entitled to the commission.

5.6 - Irrespective of possible consequences under civil and criminal law for the individual provider, non-compliance with one of the behavioral obligations specified in this section 5 entitles AI-Match GbR to immediately deactivate affected offers. If non-compliance is repeated despite AI Match 24 GbR's notification, AI Match 24 GbR is also entitled to remove the affected data, delete the offer, terminate the contract with the respective provider without notice for good cause and/or immediately block access to the AI-Match 24 database system. The provider shall be informed of this, stating the reasons.

5.7 - The rights of the provider arising from the contract with AI Match GbR are not transferable. It is prohibited to use automated systems to evaluate the platform without express permission. The use of the platform for anti-competitive purposes, to harass third parties or to disseminate harmful content is prohibited.

5.8 - If the provider reports a problem with the use of the AI-Match 24 platform or services that he/she wishes to be corrected by AI Match GbR, the provider is obliged to actively cooperate in rectifying the problem, in particular to provide the information necessary for the correction and to take any necessary action.

5.9 - The provider's obligation to pay the remuneration shall remain unaffected by the implementation of the measures specified in this section.

5.10 - The Provider shall remain obliged to pay the remuneration for the agreed term, even if, after conclusion of the contract, the necessary authorization to exercise its trade - for whatever reason - ceases to exist or it turns out that no corresponding trade license existed at the time of conclusion of the contract.

6. Responsibility for content and communication with interested parties

6.1 - The provider is responsible for the content (in particular images) posted by him/her and for communication with interested parties via the AI-Match 24 platform. In particular, he/she is responsible for ensuring that the content and communication are not unlawful and do not violate the rights of third parties (e.g. copyrights or trademark rights, personal rights, rights to one's own image) or offend common decency. AI-Match 24 is not obliged to check whether posted content or communication infringes the rights of third parties or violates legal regulations. The provider is obliged to correct or delete the content posted by him/her if it does not meet the requirements for the design of advertisements in accordance with point 5. The provider can make changes via the “My account” menu or in the area for registered providers. The provider must also ensure that the content and communication transmitted by him/her does not contain viruses or similar harmful programs..

6.2 - If claims are asserted against AI Match GbR by third parties, including government institutions, within the scope of this contract due to the infringement of third-party rights and other legal violations due to the content or communication with the provider, the provider shall indemnify AI Match GbR against these claims and provide AI Match GbR with the necessary support in the legal defense, which AI Match GbR is not obliged to provide, and assume the necessary costs of the legal defense. AI Match GbR reserves the right to assert further claims.

6.3 - In the event of a breach of the provisions described in Section 6 above, AI Match GbR is entitled at any time to reject the content and communication or to remove or deactivate it immediately and without prior consultation with the provider. AI Match GbR will inform the provider immediately in the event of rejection, deletion or deactivation, stating the reasons. Irrespective of possible consequences under civil and criminal law for the provider, non-compliance with one of the behavioral obligations specified in this section 6 entitles AI Match GbR to terminate the contract with the provider without notice for good cause and/or to immediately block access to the database system of AI Match GbR after prior warning - or in special circumstances, taking into account the interests of both parties.

6.4 - The provider's obligation to pay the remuneration shall remain unaffected by the implementation of the measures specified in this section.

7. Rights of use

7.1 - Some of the information on products, prices, services or companies presented on the platform originates from third parties (e.g. partner companies). AI Match GbR assumes no liability for the accuracy, completeness or timeliness of this content. Contracts for AI solutions or AI tools are concluded exclusively between the interested party and the respective provider.

7.2 - By placing content and offers in the database, the provider grants AI Match GbR the right to use this content free of charge and for an unlimited period of time for the operation of the AI-Match 24 platform and services as well as for the placement and provision in the database and retrieval by third parties, in particular to store, reproduce, edit, modify, make available, transmit, transfer, license, publish and make the content publicly accessible. Also as advertising material of AI Match GbR together with its cooperation partners or in the context of so-called retargeting marketing, in which visitors (interested parties) of the AI-Match 24 platform are targeted with advertising on AI solutions & AI tools. Furthermore, AI Match GbR is entitled to use the content entered in the database in compliance with data protection regulations for the purpose of analysis, further development of the platform as well as for product development and marketing to the aforementioned extent.

8. Rights to the database

8.1 - AI Match GbR is the legal owner of the content of the AI Match 24 platform and the database. All copyrights, trademark rights and other intellectual property rights to the database work, the database and the content, data and other elements posted here are the exclusive property of AI Match GbR.

8.2 - Within the scope of these terms of use, the provider has the right to make individual data records visible on the platform exclusively by using the online search masks provided. Automated queries using scripts, bots, crawlers, etc., by bypassing the search mask, using search software or comparable measures (in particular data mining, data extraction) are not permitted.

8.3 - The provider may not use the data obtained through queries, either in full, in part or in excerpts, to create its own database in any media form and/or for commercial data utilization or the provision of information and/or for any other commercial utilization. The linking, integration or other connection of the database or individual elements of the database with other databases or meta-databases is not permitted.

9. Liability

9.1 - AI Match GbR shall only be liable for damages resulting from an intentional or grossly negligent breach of duty. In the case of slight negligence, liability is also unlimited in the event of injury to life, limb or health. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable, typically occurring damage to property and financial loss resulting therefrom. Any further liability for damages is excluded except for claims under the Product Liability Act.

9.2 - In the event of data loss, AI Match GbR shall only be liable within the scope of the above provisions to the extent that could not have been avoided even if the provider had backed up the existing data in machine-readable form in the most recent processing status.

9.3 - Any contributory negligence on the part of the provider must be taken into account in all cases. In particular, the provider is obliged to check the accuracy of the data provided by him/her and displayed on the platform at least once by means of a search query.

10. Prices, remuneration & rights of retention

10.1 - The prices for the platform of AI Match GbR are based on the prices valid at the time of the conclusion of the contract and the respective product offer (subscription). The Subscriber shall pay the agreed subscription fees in advance to AI Match GbR in accordance with the billing periods specified in the subscription contract.

10.2 - In the event of an automatic extension of the contract term of the subscription, the future remuneration for the contractual products of the:provider:in shall be determined according to the (list) price communicated. Only in such exceptional cases in which the total price previously applicable to the contract extension increases by more than ten percent shall the provider have the right to object to this in writing by the start of the contract extension.

10.3 - In the direct debit procedure, AI Match GbR will not collect the invoice amount from the agreed account before the second day after receipt of the invoice (= pre-notification) (= due date). Payments by credit card, PayPal, Klarna, invoice or other means of payment are due immediately. In the event of late payment or deferral, statutory interest will be charged. Costs arising from debt collection or return debit notes will also be charged to the provider.

10.4 - If the provider is not only slightly in arrears with the payment of the subscription fees or with other payment obligations, AI Match GbR may, if the payment obligation continues, withdraw the viewing authorization of the posted offer by the provider until the payment default has been fully remedied and/or refuse the use of the platform for the posting of offers & presentation on the platform. A reversal of the SEPA direct debit, as well as a failure of the direct debit, is equivalent to default of payment. After full settlement of the outstanding claim, the: Provider:in must report its performance to the contact channels specified on the subscription contract so that the viewing authorization, posting & presentation on the platform can be granted again.

10.5 - AI Match GbR has the right to terminate the contract without notice for good cause. Good cause shall be deemed to exist in particular in the event of default in payment despite a prior warning from the provider. If AI Match GbR terminates the subscription after a corresponding warning in the event of other breaches of performance obligations by the:provider:in or setting a deadline for subsequent performance in the event of late payment, the:provider:in is obliged to pay lump-sum compensation in lieu of performance in the amount of the subscription fees for the remaining contractual term less any expenses saved and a five percent discount. The parties are at liberty to prove that higher, lower or no damages were incurred.

10.6 - AI Match GbR is entitled to transfer the payment claims against the provider as well as all rights and obligations arising from the subscription contract to third parties without the consent of the provider. In the event of the transfer of all rights and obligations (transfer of contract), AI Match GbR shall inform the provider in good time. In this case, the provider is entitled to terminate the subscription contract as of the effective date of the transfer. The provider may not transfer their rights and obligations under the subscription contract to third parties without the consent of AI Match GbR.

11. Price adjustments

11.1 - AI Match GbR may adjust the subscription fee agreed with the:provider:in in accordance with the following provisions at its reasonable discretion if the total costs attributable to the subscription change due to circumstances that occur after the conclusion of the contract, were not foreseeable and are not at the discretion of AI Match GbR (“Total Cost Change”). The total costs attributable to the subscription are made up as follows (“cost elements”): Fees for advertising measures, fees for technical services, customer service and other sales costs, general administration costs.

11.2 - AI Match GbR may increase the subscription fee (“price increase”) if and to the extent that the total costs attributable to the subscription increase (“total cost increase”). AI Match GbR may increase the price by no more than the amount of the total cost increase and no more than once within a calendar year. AI Match GbR shall inform the provider of a price increase at least one month before it comes into effect. As part of the notification of the price increase, AI Match GbR shall specifically inform the provider of any right of termination and the notice period as well as the consequences of a termination not received in due time.

11.3 - If a price increase amounts to more than 10% of the subscription fee applicable up to the time of the increase, the provider shall be entitled to terminate the subscription contract in writing within one month of receipt of the notification of the increase with effect from the time the increase comes into force. The right of termination shall only apply to the subscription affected by the price increase.

12. Warranty

12.1 - AI Match GbR assumes no liability for the accuracy and completeness of the information provided, the declarations made by the provider or for the identity and integrity of the provider.

12.2 - The content or offers posted in the database are third-party content within the meaning of § 8 (1) of the German Telemedia Act (TMG). Accordingly, the legal responsibility for this content does not lie with AI Match GbR, but with the provider who has placed the content in the database.

13. Terms of payment

14. Contract terms/termination

14.1. - If the subscriber's signature is required, the contract is concluded when AI Match GbR begins after the subscriber's signature. No further explicit confirmation of the conclusion of the contract by AI Match GbR is required in this case. In the online ordering process, the provider submits a binding application to conclude a subscription contract by activating the order button (“Order with obligation to pay”) on the website. The contract is then concluded by the express contract confirmation from AI Match GbR. If the subscriber has not received such a confirmation, the contract is concluded when the offer for AI solutions, AI tools and their presentation on the AI Match GbR platform is posted.

14.2. - The payable minimum term includes the month in which the contract for the subscription is concluded (if applicable) and the following full 6/12/24 months. The contract shall be extended by a further 6/12/24 months if it is not terminated by one of the parties with a notice period of three months before the end of the respective term. Text form is sufficient. The date of receipt of the notice of termination by AI Match GbR is decisive for compliance with the notice period. The termination can also be completed via a termination button on the platform in the provider account. The provider receives an automated confirmation of receipt to the email address they have provided and confirmation of their termination within 24 hours.
When you take out a subscription for the first time, 1 month is free for a minimum term of 6 months, 2 months are free for 12 months and 3 months are free for 24 months of the respective contract term.

14.3 - The right to extraordinary termination in accordance with the statutory provisions remains unaffected. In particular, AI Match GbR has the right to extraordinary termination of the subscription contract in accordance with § 314 BGB (German Civil Code) if, in accordance with its own contractual obligations, it may no longer be offered to a significant extent due to the change in the legal framework for AI solutions and AI tools (AI Act).

15. Data protection, access and deletion

15.1 - Our data protection information applies to the personal data of providers made available or generated in the course of the registration, implementation and use of the platform and services as well as their access to this data in accordance with Art. 9 of Regulation (EU) 2019/1150.

15.2 - During the term of the contract, the provider can view the data provided by the prospective customer in the context of an inquiry about an AI solution of the provider as well as his or her contact and company data in his or her login area. In the login area after registration, he/she can continue to view his/her offers and the data generated in this context in his/her customer area even after the end of the contract.  

15.3 - If the offer is deleted, all data related to the offer will be irrevocably deleted.

16. Changes to the GTC

16.1 - These General Terms and Conditions may be amended at any time subject to a reasonable notice period of at least fifteen days. The announcement shall be made by notification of the amended B2B General Terms and Conditions on a durable medium (e.g. e-mail), stating the date on which the amendments take effect. Otherwise, the provisions of Art. 3 (2) and (4) of Regulation (EU) 2019/1150 apply.

16.2 - The provider is entitled to terminate the contract in writing within the above-mentioned period, unless a shorter period applies to the contract. If he/she fails to terminate the contract, the amended B2B T&Cs shall be deemed accepted.

16.3 - The Vendor may waive the deadline pursuant to Section 15.1 at any time after receipt of the notification. The posting of new offers on the Platform prior to the expiry of the deadline in accordance with section 15.1 shall be deemed a clear confirmatory act of such a waiver, provided that the deadline does not exceed fifteen days. AI Match GbR shall inform the subscriber separately of the effect of the approval in the notification of change.

17. Final provisions

17.1 - The legal relationship between AI Match GbR and the supplier is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

17.2 - If individual provisions of this contract are or become invalid, this shall not affect the validity of the remainder of the contract.

17.3 - Amendments and supplements to this contract must be made in writing to be legally effective. The same applies to the waiver of this written form clause. All declarations in connection with the contract may also be made in the form of e-mails. E-mails fulfill a contractually agreed written form requirement. Declarations by e-mail shall be deemed to have been received if they are sent to the last e-mail address provided by the contractual partner.

17.4 - The exclusive place of jurisdiction and place of performance is Frankfurt am Main, provided that the provider is a merchant or a legal entity under public law or a special fund under public law. The same applies if the provider does not have a general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is filed.