TERMS & CONDITIONS for aim2balance.ai

Version 1.0 | Effective: March 2026

1. Introduction

Thank you for using aim2balance.ai (the “Service”), an AI platform and related web services operated by:

Bergwaldprojekt e.V.

Otto-Hahn-Str. 13

97204 Höchberg

Germany

Registered: Amtsgericht Würzburg, VR 200215

Email: info@bergwaldprojekt.de Technical Support: : support@aim2balance.ai

These Terms govern your use of the Service. By accessing or using the Service, you agree to be bound by these Terms and the Privacy Policy obtained on our website.

‍

2. Definitions

“Service” — access to AI models, environmental measurement, and associated data and features.
“User” / “you” — any person or entity accessing the Service.
“User Content” — all data, prompts, inputs, messages, and files submitted by the User.
“AI Outputs” — responses generated by AI models.
“Sub-processors” — third parties involved in providing the Service.

3. Eligibility

You must be at least 16 years old. We may suspend accounts if we become aware the user is under 16. This lets you act if reported but doesn't require proactive verification. By using the Service, you represent that you have full authority to enter into these Terms.

4. Description of Service

The Service provides access to generative AI models, environmental impact metrics (e.g., electricity, emissions, water estimates), and restoration contribution tracking. All processing and primary data storage occur within the European Union (EU). Estimates are provided for informational purposes only, and methodologies may evolve over time.

5. Accounts, Wallet and Payment Terms

5.1 Registration. Access requires account registration with accurate, current information. You are solely responsible for maintaining account credential confidentiality and all activities occurring under your account.

5.2 Prepaid Wallet. The Service operates on a prepaid basis. You may authorize automatic billing ("auto-recharge") to your registered payment method when your wallet balance falls below the threshold (currently €0.50). All charges are final and non-refundable except where required by law.

5.3 Taxes. All fees are exclusive of applicable taxes (e.g., VAT), based on your location.

6. Pricing & Billing

6.1 Pay-as-You-Go: You are charged based on actual usage of AI inference and compute resources.
6.2 Platform Margin: A margin (currently 10%) is applied on each AI Output (transaction) to cover operations related costs.
6.3 Restoration Contribution: A margin (currently 2.5%) is applied on each AI Output and is allocated as a restoration contribution to fund ecosystem restoration projects by Bergwaldprojekt e.V.; this does not create any legal entitlement to specific projects.
6.4 Environmental Estimates: Environmental metrics are estimates; actual impact may vary.

All fees are non-refundable once paid.

7. Use of AI Systems

7.1 Nature of AI Outputs and Disclaimer of Reliance

(a) No Warranty of Accuracy. AI Outputs generated through the Service—including text, code, analysis, recommendations, or other content—are provided for informational and exploratory purposes only. We do not represent, warrant, or guarantee that any AI Output is accurate, complete, reliable, current, error-free, suitable for your intended purpose, or non-infringing of third-party rights.

(b) No Professional Advice. AI Outputs do not constitute legal, tax, financial, investment, medical, psychological, or other professional advice. The Service is not a substitute for consultation with qualified professionals in the relevant field. You must not rely on AI Outputs as the sole basis for decisions affecting legal rights, financial investments, health treatment, safety-critical operations, or other consequences of material significance.

(c) Independent Verification. You acknowledge that you bear sole responsibility for evaluating, verifying, and validating all AI Outputs before use, publication, or reliance theron. We disclaim all liability for any loss, damage, or harm arising from your reliance on or use of AI Outputs without appropriate independent verification.

7.2 Automated Decision-Making and Human Oversight

a) No Automated Decision-Making. The Service is not designed to make fully automated decisions within the meaning of Article 22 GDPR or automated decisions producing legal effects or similarly significant effects concerning you without meaningful human involvement. You retain full and final authority over all decisions, actions, or omissions based on Service interactions.

(b) No Delegation of Authority. Use of the Service does not create any agency, fiduciary, or representative relationship. You may not attribute decisions to the Service as a basis for absolving yourself of liability or responsibility for your own conduct, content, or judgments.

(c) Risk Assessment Obligation. If you deploy the Service in contexts that may affect fundamental rights, safety, or legally protected interests (including but not limited to employment, credit, housing, healthcare, or criminal justice contexts), you are solely responsible for conducting appropriate impact assessments (including Data Protection Impact Assessments under Article 35 GDPR or Fundamental Rights Impact Assessments under the EU AI Act) and ensuring compliance with sector-specific regulations.

7.3 Prohibited Uses and Data Restrictions

a) Lawful Use Requirement. You agree to use the Service exclusively for lawful purposes and in compliance with all applicable laws, regulations, and industry standards, including but not limited to the EU AI Act, GDPR, and local consumer protection laws.

(b) Prohibited Content. Without limiting the foregoing, you expressly agree not to:

(i) Input, upload, or process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for identification purposes, data concerning health, sex life, or sexual orientation ("Special Category Data" as defined in Article 9 GDPR), or data relating to criminal convictions or offenses, unless you have obtained explicit consent or another valid legal basis under Article 9(2) GDPR and implemented appropriate safeguards;

(ii) Input government-issued identifiers (such as social security numbers or national ID numbers), payment card data, or financial account credentials;

(iii) Use the Service to develop, train, or improve competing artificial intelligence models or services through systematic extraction of outputs;

(iv) Deploy the Service in high-risk applications prohibited under applicable AI regulations (such as social scoring, manipulation of human behavior causing psychological or physical harm, or real-time biometric identification in publicly accessible spaces for law enforcement purposes) without obtaining all required regulatory authorizations and implementing mandated risk management systems;

(v) Circumvent, bypass, or disable any security features, access controls, or technical restrictions; employ automated systems (including bots, spiders, crawlers, or scrapers) to extract, harvest, or data-mine content; probe, scan, or test the vulnerability of any system or network without prior written authorization; or transmit, distribute, or introduce malware, viruses, Trojan horses, worms, ransomware, or other harmful, disruptive, or destructive code.

(c) Enforcement. We reserve the right to suspend or terminate access immediately, without prior notice, upon detection of prohibited use or input of restricted data types, and to report unlawful conduct to relevant supervisory authorities or law enforcement agencies.

‍

8. Sub-Processors and Third Parties

We engage third-party service providers to deliver the Service, including:

Infrastructure hosts and AI routers (Sub-processors): process data on our behalf per Article 28 GDPR
Payment services (Independent Controllers): Stripe Payments Europe Ltd. (IE) – process payment data independently per their own legal obligations

We remain responsible for proper selection and contractual instruction of Sub-processors in accordance with Article 28 GDPR. You authorize us to engage these Sub-processors to process personal data as necessary for Service provision, subject to our continuing liability obligations.

9. INTELLECTUAL PROPERTY AND AI GENERATED CONTENT

9.1 User Content. You retain all right, title, and interest in and to any data, prompts, messages, files, and other content you submit to the Service ("User Content"). You represent and warrant that your User Content does not infringe any third-party intellectual property rights, privacy rights, or applicable laws.

9.2 License to Operate.

You grant Bergwaldprojekt e.V. a non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and process User Content solely as necessary to: (a) provide, maintain, and secure the Service; (b) enable AI inference and generate Outputs; (c) calculate and display environmental impact metrics; and (d) comply with legal obligations. This license terminates upon deletion of your User Content in accordance with Section 11.

9.3 AI Outputs and Copyright Status.

(a) No Guaranteed Copyright Protection. Pursuant to Article 3 and Recital 11 of Directive 2009/24/EC and CJEU jurisprudence (including Infopaq International A/S v. Danske Dagblades Forening, C-5/08), works generated solely by artificial intelligence without human intellectual creativity may not qualify for copyright protection under EU law. We make no representation that AI Outputs constitute original works eligible for copyright or other intellectual property protection.

(b) Human Contribution. You may assert rights only in your own creative contribution (e.g., the selection, coordination, or arrangement of prompts and your original expression), not in purely machine-generated text, code, images, or other synthetic content produced by underlying AI models.

(c) Third-Party Rights. AI Outputs may inadvertently resemble existing copyrighted works, trademarks, or protected materials used in training datasets. Subject to the liability limitations in Section 12, you bear sole responsibility for verifying that your use, reproduction, modification, distribution, or commercialization of AI Outputs does not infringe third-party intellectual property rights. You agree to obtain all necessary licenses and clearances from rights holders where required.

9.4 EU AI Act Compliance and Transparency.(a) Regulatory Framework. The Service is designed to comply with Regulation (EU) 2024/1689 (Artificial Intelligence Act), Directive (EU) 2019/790 (Digital Single Market), and Regulation (EU) 2016/679 (GDPR) regarding the deployment of general-purpose AI models.

(b) Synthetic Content Disclosure. AI Outputs constitute artificially generated content. Where required by the AI Act or national implementations thereof (including Article 50 regarding transparency obligations for AI-generated text), you agree to clearly disclose that such content is AI-generated when making it available to the public or using it for professional, journalistic, or educational purposes.

(c) Model Provider Terms. AI Outputs are generated using third-party models (Sub-processors as defined in the DPA) whose terms of use may impose additional restrictions on commercial use, attribution requirements, or prohibitions on competitive model development. Your use of AI Outputs remains subject to such third-party provider terms.

9.5 Disclaimer. AI Outputs are provided "as is" and "as available" without warranties of title, non-infringement, merchantability, or fitness for a particular intellectual property purpose. To the maximum extent permitted by law, we disclaim all liability for claims arising from alleged copyright, trademark, or other intellectual property infringement by AI Outputs.

9.6 Open-Source Components. The Service incorporates open-source software (including LibreChat and other components) licensed under separate open-source licenses. We make applicable license texts and notices available at your request. Nothing in these Terms limits your rights under such third-party licenses.

‍

10. Availability and Support

We aim for high availability but do not guarantee continuous, uninterrupted service. Maintenance or updates may be performed as needed, potentially causing brief interruptions.

11. Liability

11.1 Unlimited Liability. We remain fully liable without limitation for intent, gross negligence, and injury to life, body, or health.
11.2 Limited Liability. For slight negligence, our liability is limited to foreseeable, typical damage in accordance with German civil law standards. Notwithstanding the foregoing, we assume no liability for damages arising from your failure to obtain independent professional advice where such consultation was reasonably required, recommended in our disclaimers, or necessary given the material nature of the decision at issue.
11.3 Exclusions. Indirect, incidental, consequential, and reliance damages are excluded to the extent permitted by law, specifically including damages resulting from your use of AI Outputs or Service information without independent verification or professional consultation.

12. Termination and Suspension

12.1 Your Termination Rights. You may cease using the Service and terminate your contractual relationship with Bergwaldprojekt at any time by

(a) deleting your account via the account settings dashboard; or

(b) contacting us at support@aim2balance.ai. Upon termination, you have the right to receive an export of your personal data (Art. 20 GDPR) within 30 days.

12.2 EU Consumer Withdrawal Right. If you are a consumer (Verbraucher) resident in the European Economic Area, you have the right to withdraw from these Terms within fourteen (14) days without giving any reason, pursuant to Directive 2011/83/EU and § 355 BGB. To exercise this right, contact us via support@aim2balance.ai before the period expires. The withdrawal right does not apply where digital content provision has begun with your express prior consent (§ 356 BGB).

12.3 Our Termination Rights. Bergwaldprojekt may restrict, suspend, or terminate your access if:

- you materially breach these Terms or violated a prohibited use restrictions under Article 5 of Regulation (EU) 2024/1689 (EU AI Act)
- your use poses risk of harm to our EU-based infrastructure or other users;
- your account has been inactive for twelve (12) consecutive months with zero balance.

12.4 GDPR-Compliant Data Handling upon Termination. Upon termination:

- Your personal data will be deleted within 30 days, per Art. 5(1)(e) and Art. 17 GDPR;
- Data retained solely for tax/accounting purposes (§ 147 AO) will be processed only for that statutory purpose and deleted thereafter;
- All data processing remains within the EU; no transfers to third countries occur during deletion procedures;
- You may request data export in structured format (JSON/CSV) within the 30-day deletion window.

12.5 Notice. We will provide 30 days' prior notice of termination where practicable, to allow data export. Immediate termination without notice is reserved for cases of gross breach, fraud, or legal compulsion under German or EU law.

12.6 Survival. Sections regarding liability (11), intellectual property (9), and data protection survive termination, governed exclusively by German law.

13. Governing Law & Jurisdiction

These Terms are governed by German law. For commercial entities, exclusive jurisdiction is in Würzburg courts; consumers may bring proceedings in their country of residence.

14. Amendments

We may update these Terms; material changes will be communicated 30 days in advance.

‍