Contents
1 · Scope & Provider
These Terms and Conditions apply to all contracts concluded between the provider and customers via the website derkiassistent.de.
Provider:
Helmut Balzersen
Grosse Howe 7, 33607 Bielefeld, Germany
E-mail: info@derkiassistent.de
2 · Subject Matter
The subject matter of the contract is access to the web-based AI assistant for businesses at derkiassistent.de (the "Tool" or "Service").
The Service includes:
- Access to the web-based AI tool for answering customer enquiries and creating social media content
- A personal licence code for cross-device use
- Server-side storage of the school profile (name, prices, meeting point)
- Hosting, technical operation, updates and e-mail support
AI processing is carried out via the Anthropic API. The customer must have their own API key with Anthropic (anthropic.com). API usage costs are borne directly by the customer.
3 · Contract Formation
The purchase contract is formed upon completion of the order process via the Digistore24 platform. The presentation of the offer on the website does not constitute a binding offer.
Payment is processed via Digistore24 (Digistore GmbH, St.-Kilian-Str. 4, 06193 Petersberg, Germany). The terms of use of Digistore24 apply in addition.
4 · Prices & Payment
All prices in euros, VAT included.
| Plan | Monthly | Annual | Saving |
|---|---|---|---|
| Basic | €19.00/month | €190.00/year | 2 months free |
| Pro | €39.00/month | €390.00/year | 2 months free |
| Business | €79.00/month | €790.00/year | 2 months free |
The subscription is mandatory for active use of the Service. Without an active subscription access is not possible. Price changes will be communicated by e-mail at least 30 days before taking effect.
5 · Term & Cancellation
Monthly subscription: Runs indefinitely, renews automatically each month. Cancellable at any time at the end of the current billing period.
Annual subscription: Runs for one year, renews automatically. Cancellable with 14 days notice before the renewal date.
Cancellation can be made by e-mail to info@derkiassistent.de or via the Digistore24 customer area.
6 · Right of Withdrawal
Consumers have a general 14-day right of withdrawal from the date of contract conclusion.
Expiry of the right of withdrawal for digital content: The right of withdrawal expires for digital content (licence code and immediate access to the Tool) if the provider has begun performing the contract and the consumer has expressly agreed that the provider may begin performance before the withdrawal period expires, and has confirmed awareness that this consent means losing the right of withdrawal once performance has begun.
By purchasing via Digistore24, the customer expressly consents to immediate performance beginning and confirms that the right of withdrawal is lost once the licence code has been delivered.
7 · Usage Rights & Licence
The provider grants the customer a simple, non-transferable, non-sublicensable right to use the Service for their own business activities.
Not permitted:
- Passing the licence code on to third parties
- Copying, selling or commercially re-licensing the Tool
- Using the Tool for unlawful purposes
- Reverse engineering or decompiling the Service
- Automated access beyond normal use
8 · Liability for AI-generated Content
The Tool generates texts using artificial intelligence (Anthropic Claude). These texts are suggestions only and do not replace professional advice.
The customer is solely responsible for reviewing, editing and sending each generated text. The provider accepts no liability for:
- Errors, inaccuracies or omissions in generated texts
- Damage caused by sending AI-generated texts without review
- Incorrect prices or information due to an incomplete school profile
- Lost bookings or customer complaints resulting from generated content
9 · General Limitation of Liability
The provider is fully liable for intent and gross negligence, and for damages arising from injury to life, body or health. For slight negligence in breach of material contractual obligations, liability is limited to foreseeable, contract-typical damage. Otherwise liability for slight negligence is excluded.
The provider does not guarantee uninterrupted availability of the Service.
10 · Privacy
The collection and processing of personal data is governed by the provider's privacy policy, available at derkiassistent.de/en/privacy.php.
11 · Final Provisions
Governing law: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory consumer protection provisions of their country of residence take precedence.
Dispute resolution: The EU Commission provides an online dispute resolution platform: ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Severability: If any provision of these Terms is invalid, the remaining provisions remain in force.