Terms of Service

Terms and Conditions (T&C)

1. General Provisions

1.1 These Terms and Conditions (T&C) apply to the use of the software provided by Hesse AI GmbH (Innstraße 69b, 94032 Passau, HRB 12308 Amtsgericht Passau, DE364599462) ("Hesse AI") via hesse.ai ("Website").  

1.2 Hesse AI uses a Merchant of Record for distributing its services. Therefore, customers do not enter into a contract with Hesse AI but purchase all services from Paddle.com Inc., 3811 Ditmars Blvd, 1071, Astoria, NY 11105-1803, USA ("Paddle"). Paddle is also responsible for billing, payment collection, and any questions regarding the user's contract. More information about Paddle can be found at paddle.com. The terms of Paddle, particularly the Paddle Checkout Buyer Terms and Conditions, apply in addition to the provisions of these T&C.

2. Formation of the Contract

2.1 The presentation of services on the Website does not constitute a legally binding offer but an invitation to place an order (invitatio ad offerendum).  

2.2 By clicking the “Place Order” button in the final step of the order process, the user submits a binding offer to book the services displayed in the order summary. Immediately after placing the order, the user receives an order confirmation, which does not yet constitute acceptance of the contract offer. A contract between Paddle and the user is concluded once the booking is confirmed in a separate email.  

3. Ordering Process and Correction of Input Errors

3.1 During the ordering process, the user first selects a service by clicking "Upgrade to" the respective service.  

3.2 The user then provides their personal information. By clicking the "Continue" button, the user proceeds to another page where they can select a payment method and enter payment details.  

3.3 The order summary is then displayed to the user. By clicking "Place Order," the selected service is ordered from Paddle.  

3.4 The customer can go back at any time by clicking “Your Information” or cancel the process by clicking “X” to start over and correct input errors.  

4. Services

4.1 Hesse AI’s services use artificial intelligence ("AI"). Hesse AI does not guarantee the accuracy or completeness of generated texts and sources. The user acknowledges that AI usage must always be monitored and the results reviewed.  

4.2 The user is responsible for ensuring that the services or their results can be used for the intended purposes and that they have sufficient rights to the uploaded data. The user grants Hesse AI all rights necessary for the provision of the services with respect to the uploaded data.  

5. Terms of Use

5.1 The customer is not authorized to share access to the services with third parties.  

6. Word Quotas and Credits

6.1 The use of Hesse AI services requires usage quotas in the form of word quotas or credits, unless stated otherwise below. These quotas are consumed during usage.  

6.2 Hesse Write 

6.2.1 Using Hesse Write requires word quotas. Each word generated by Hesse Write reduces the available word quota.  

6.2.2 Free Version  

The free version of Hesse.ai allows for a one-time generation of up to 1,000 words. Usage is restricted to private purposes.  

6.2.3 Paid Versions

Hesse.ai offers paid versions of Hesse Write. The respective word quotas and prices are displayed during the order process.  

6.2.4 The purchased word quota is available for one month and:  

- resets upon subscription renewal in the case of a monthly subscription, without rollover of unused words.  

- resets after one month in the case of an annual subscription, without rollover of unused words.  

6.3 Hesse Cards 

Hesse AI offers a paid version of Hesse Cards. Usage of Hesse Cards with the paid version is unlimited. However, Hesse AI reserves the right to restrict access in cases of excessive usage far beyond the normal use of an individual ("Fair Use Policy").  

7. Payment Terms

7.1 Payment is due immediately upon ordering.

7.2 Payment is made:  

(a) in advance for the entire month in the case of a monthly subscription.  

(b) in advance for the entire year in the case of an annual subscription.  

8. Duration and Termination

The services are subscription-based, with durations of either one month or one year, depending on the chosen package. The contract is automatically renewed unless terminated by either party at least 48 hours before the end of the contractual term.

  

9. Liability

9.1 Hesse AI is liable without limitation for intent and gross negligence. For simple negligence, Hesse AI is only liable, and limited to typical contractual damages foreseeable at the time of contract conclusion, if a duty is violated that is essential for the proper execution of the contract and on whose compliance the user regularly relies (cardinal obligation).  

9.2 The above liability limitations or exclusions do not apply in cases of fraudulent concealment of a defect, under a guarantee, for claims under the Product Liability Act, or for damages arising from injury to life, body, or health.  

9.3 If Hesse AI's liability is excluded or limited, this also applies to the personal liability of its employees, workers, representatives, and agents. 

 

10. Right of Cancellation

10.1 Consumers are entitled to a right of cancellation according to the information provided in the appendix.  

10.2 A consumer is any natural person entering into a legal transaction for purposes predominantly outside their trade, business, or profession.  

11. User Obligations

11.1 The user must refrain from any activity that could impair or excessively burden the operation of the Website or its underlying technical infrastructure. This includes, but is not limited to: using software, scripts, or databases in connection with the use of the platform; automated extraction, blocking, overwriting, modifying, or copying of data and/or content unless necessary for proper use of the Website.  

11.2 Should disruptions occur while using the Website or its functionalities, the user must promptly inform Hesse AI.  

12. Amendments to the T&C

Hesse AI reserves the right to amend these T&C at any time. Continued use of Hesse.ai after changes to the T&C constitutes acceptance of the amended terms.  

13. Privacy

13.1 Hesse AI is committed to handling user data in compliance with legal data protection regulations and in accordance with the Data Processing Addendum with Paddle.  

13.2 Hesse AI’s Privacy Policy is available at https://hesse.ai/privacy.  

14. Final Provisions

14.1 Contract terms, including these T&C and withdrawal instructions, will be provided to the user upon acceptance of the contract offer. Hesse AI does not store the contract terms.  

14.2 The laws of the Federal Republic of Germany apply to these T&C, excluding the UN Convention on Contracts for the International Sale of Goods, if:  

(a) the user resides in Germany, or  

(b) the user resides in a non-EU country.  

14.3 For users residing in an EU member state, German law applies, without prejudice to mandatory provisions of the user's country of residence.  

14.4 The European Commission provides an Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. Hesse AI’s email address is support@hesse.ai.  

14.5 Hesse AI is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.  

14.6 The responsible entity for these services is Hesse AI GmbH, headquartered in Passau, registered at Amtsgericht Passau under HRB 12308, business address Innstraße 69b, 94032 Passau. 

Cancellation Policy

Last updated on 25.06.2024 

1. Right of Cancellation

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract was concluded.  

To exercise your right of withdrawal, you must inform us:  

Hesse AI GmbH

Innstraße 69b

94032 Passau

Germany 

Email address: support@hesse.ai  

by means of a clear statement (e.g., a letter sent by post or an email) about your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.  

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires.  

2. Consequences of Withdrawal  

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract.  

For this reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you incur any fees as a result of such reimbursement.  

If you requested that the services begin during the withdrawal period, you must pay us an appropriate amount proportional to the services provided up to the point at which you informed us of your withdrawal from this contract, relative to the full scope of the services covered by the contract.  

End of Cancellation Policy

Sample Withdrawal Form  

(Complete and return this form only if you wish to withdraw from the contract.)  

To:  

Hesse AI GmbH  

Innstraße 69b  

94032 Passau  

Germany

Email address: support@hesse.ai  

— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):  

— Ordered on (*)/received on (*):  

— Name of consumer(s):  

— Address of consumer(s):  

— Signature of consumer(s) (only if this form is notified on paper):  

— Date:  

(*) Delete as appropriate.