Terms of Use

1. Scope and Entrepreneurial Status (B2B)

1.1. These General Terms and Conditions (T&Cs) govern the time-limited provision of the cloud-based AI process engine “Brainstorm Reactor” (hereinafter “Platform”).

1.2. The contracting party is DV5 e.U. (hereinafter “Provider”).

1.3. The offering is directed exclusively at entrepreneurs within the meaning of Section 1 of the Austrian Business Code (UGB) acting in the course of their commercial or independent professional activities. The provisions of the Consumer Protection Act (KSchG) do not apply. By registering for and using the Platform, the customer bindingly confirms their entrepreneurial status.

2. Legal Nature and Subject Matter

2.1. The Platform is provided as Software-as-a-Service (SaaS). The contractual relationship is legally classified as an atypical lease agreement (rental agreement pursuant to Sections 1090 et seq. of the Austrian Civil Code — ABGB).

2.2. The Provider merely makes available the technical infrastructure and routing to external interfaces; it does not owe any specific content-related, legal, or error-free result of the outputs generated by the artificial intelligence (“Outputs”).

2.3. Functional Scope and Purpose: Brainstorm Reactor is a cloud-based software application for AI-assisted ideation, concept development, and content creation. The platform enables users to automatically generate and edit text, diagrams, visual assets, and digital media for business planning and workflows. The software is delivered exclusively online via web browsers and standard APIs.

3. Credit System and Balance Expiration

3.1. Billing for AI processes (“Recipes”) is based on a usage-based prepayment model. The customer acquires digital execution quotas (“Credits”). Cash redemption or any other monetary refund of acquired Credits is excluded.

3.2. Balance expiration due to inactivity: Due to the price volatility of API interfaces and short technological life cycles, acquired Credits expire without replacement if the customer's account remains continuously inactive for a period of 12 months. Inactivity exists when neither AI processes are started nor Credits are acquired. Any account activity (consumption or purchase) resets this 12-month period for the entire balance. The Provider will notify the customer by email at least 30 days before an impending expiration. The indefinite maintenance of computing capacities at historical conditions is excluded.

4. AI Hallucinations and Strict Verification Obligation

4.1. The customer is aware that the Platform is based on stochastic models (Large Language Models). These operate probabilistically and may, due to technological constraints, produce factually incorrect, logically inconsistent, or misleading results (so-called “AI hallucinations”).

4.2. The Provider assumes no warranty or liability for the factual accuracy, completeness, or legal usability of the AI Outputs.

4.3. The customer bears a strict verification obligation (analogous to Section 377 UGB). All AI Outputs must be mandatorily verified by qualified human specialists for their factual accuracy and legal permissibility before any commercial, operational, or publication use.

5. Third-Party APIs and Force Majeure

5.1. The Platform forwards data streams via a specialized routing service (currently: OpenRouter) to external AI model APIs (e.g., Anthropic, Google, Meta). The routing service acts as a data processor, while the end providers of the AI models act as its sub-processors. These third-party providers expressly do not act as vicarious agents of the Provider within the meaning of Section 1313a ABGB.

5.2. Outages, access restrictions, rate limits, or pricing model changes of these external providers lie outside the sphere of the Provider and are considered cases of Force Majeure. The Provider is released from its performance obligations for the duration of such disruptions.

6. Copyright, Prompts, and Zero-Data-Retention

6.1. All rights to the data and instructions entered by the customer (“Prompts”) remain with the customer. The customer grants the Provider only the technically strictly necessary, temporary license to process Prompts and forward them to external API service providers.

6.2. Zero-Data-Retention: The Provider guarantees that the Prompts submitted by the customer and the generated Outputs are processed strictly transactionally and are at no time used for the training or fine-tuning of proprietary or third-party AI models.

6.3. The Provider claims no copyrights to the generated Outputs. To the extent that intellectual property rights can legally arise in these at all, they belong exclusively to the customer. The risk of lacking legal protectability (insufficient creative height) is borne entirely by the customer.

7. Usage Restrictions and AI Act Compliance

7.1. Automated scraping of the Platform (using bots or scraping tools) and any reverse engineering of the provided AI workflows is strictly prohibited.

7.2. The customer bears sole legal responsibility for their inputs. It is prohibited to enter Prompts into the system that:

• contain sensitive personal data (Art. 9 GDPR, e.g., health data),
• violate intellectual property rights or trade secrets of third parties,
• violate the Austrian Criminal Code (StGB), or
• constitute prohibited AI practices within the meaning of the European AI Act (EU AI Act).

7.3. The Platform is designed as a creative ideation tool and does not fall under the High-Risk classification according to Annex III of the European AI Act (EU AI Act). Using the Platform for automated decision-making in the areas of employment, education, credit scoring, law enforcement, or critical infrastructure is expressly prohibited. The customer bears sole responsibility if they deploy the Platform contrary to this provision.

8. Comprehensive Indemnification

8.1. If the Provider is held liable by third parties (including governmental authorities or rights holders) due to unlawful or contractually non-compliant use of the Platform by the customer, the customer shall fully indemnify and hold harmless the Provider upon first demand.

8.2. This obligation includes the mandatory compensation for all economic disadvantages, including legally binding damages payments, regulatory fines, and the necessary and reasonable costs of legal defense (including attorney fees in accordance with the Austrian Attorney Fee Act — RATG).

9. Limitation of Liability

9.1. The Provider's liability for slight negligence, for simply gross negligence, and for consequential damages, pure financial losses, lost profits, and data loss is — to the maximum extent permitted by law — fully excluded.

10. Final Provisions

10.1. This contractual relationship is exclusively governed by the substantive law of Austria. The conflict-of-laws rules of international private law (IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.

10.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the competent court for Vienna, Inner City (Commercial Court of Vienna or District Court for Commercial Matters of Vienna).

10.3. Should individual provisions of these T&Cs prove invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake, by way of supplementary contractual interpretation, to replace the invalid provision with a permissible regulation that comes closest to the economic purpose (severability clause).

11. File Transfer and Dropzone Services (Hosting, Ephemerality, Indemnification, and Notice-and-Takedown)

11.1. Statutory Classification: The Platform provides features for the temporary staging, transmission, and retrieval of digital files (“File Transfer and Dropzone Services”). Legally, these services constitute hosting services pursuant to Article 3(g)(iii) of Regulation (EU) 2022/2065 (Digital Services Act – DSA). Files are made accessible exclusively via bilateral, unindexed, and non-searchable direct links. No dissemination to the public within the meaning of Article 3(k) DSA occurs; the Platform does not qualify as an online platform under Article 3(i) DSA.

11.2. Ephemeral Retention and Automated Deletion: The storage of transferred files is strictly ephemeral and subject to a pre-configured retention period (standard: 7 to 14 days). Upon expiration of this period, files are permanently and automatically purged from object storage. The Provider does not owe permanent archival services. The customer remains obligated to maintain local backups of all transmitted materials.

11.3. Prohibited Content and Customer Responsibility: The customer bears sole legal responsibility for all files uploaded directly or received via their designated personalized dropzone. It is strictly prohibited to upload or transmit files containing viruses, malware, trojans, decompression bombs (zip bombs), materials infringing third-party intellectual property or trade secrets, or unlawful content (including CSAM, hate speech, or phishing assets).

11.4. Absence of General Monitoring Duty (Art. 8 DSA) and Notice-and-Takedown: Pursuant to Article 8 DSA, the Provider is subject to no general obligation to monitor user data or proactively investigate circumstances indicating illegal activity. The Provider maintains an electronic Notice-and-Action mechanism pursuant to Article 16 DSA (“Report Abuse”) on every transfer download page. Upon obtaining actual knowledge of substantiated infringements, the Provider reserves the right to disable access or purge the affected transfer without undue delay.

11.5. Right of Suspension and Indemnification: The Provider reserves the right to immediately suspend or terminate transfers upon substantiated suspicion of security risks or contractual violations. The customer shall fully indemnify and hold harmless the Provider from any third-party claims arising from content hosted under their transfer links or personalized dropzones in accordance with Section 8 of these T&Cs.