Terms and Conditions of Use (Service Agreement)

Last Updated: January 23, 2026

1. Scope of Application

1.1 The following Terms and Conditions of Use apply to the use of the AKI.IO service (hereinafter “AKI.IO Service”, a service of AKI.IO GmbH, Marienburger Straße 1, 10405 Berlin, Germany (hereinafter “AKI.IO”).

1.2 In addition to these Terms and Conditions of Use, the AKI.IO Privacy Policy and the AKI.IO Acceptable Use Policy apply.

1.3 AKI.IO will inform the user about any changes to these Terms and Conditions of Use not later than 14 days prior to their proposed effective date of such changes via email. The consent of the user is deemed granted if the user does not object against the changes prior to the proposed effective date. AKI.IO will explicitly point out this deemed consent to the user within the aforesaid information message.

2. Conditions of Use

2.1 The use of the AKI.IO Service is reserved for entrepreneurs who or which, when using the AKI.IO Service, act in exercise of his or its trade, business or profession (§ 14 German Civil Code). When registering with AKI.IO Service, the user confirms to act in exercise of his trade, business or profession.

2.2 To use the AKI.IO Service, the user must provide certain equipment, software and data connections that AKI.IO does not provide. The user also consents to AKI.IO sending him/her communications about the AKI.IO Service from time to time as necessary for the provision of the Services.

3. Subject of the AKI.IO Service

3.1 AKI.IO provides the user access to various artificial intelligence models. The available models are specified within the AKI.IO Service. To use these models, the user must create a user account and agree to these Terms and Conditions of Use. Upon successful creation of the account, a contractual relationship exists between the user and AKI.IO, to which these Terms and Conditions of Use, including the AKI.IO Privacy Policy and the AKI.IO Acceptable Use Policy, apply.

3.2 To set up a user account, the user must provide his/her first name, last name, and email address. The user is obligated to provide true and accurate information. To log in to the user account, the user must enter his/her email and a password that he/she has previously chosen. The user is obligated to protect his/her password against third party access to exclude any unauthorized third-party use of the user account. All use of the service via user’s account will be assigned to the account holder. The user can change his/her password of his/her user account at any time and thus prevent the risk of unauthorized use.

3.3 Upon opening a user account, the user receives an API key, which gives the user access to the AKI.IO interface (API), through which he/she can access the artificial intelligence models provided.

3.4 Use of the AKI.IO Service is subject to compensation as specified in Section 5. However, AKI.IO grants each user a trial period during which the AKI.IO Service can be used free of charge. The trial period ends as specified on the website when applying for the trial period.

At the end of the trial period, the API key assigned to the user will be disabled, unless the user creates a company account (see Sec. 3.5).

3.5 n order to use the AKI.IO Service after the trial period has expired, the user must set up a company account and provide further mandatory information, in particular the name and registered office of the company, the commercial register number, and the company's VAT ID. By opening the company account, the user confirms that he/she is authorized to represent the company. Once the company account has been successfully set up, the API key assigned to the user will be assigned to the company and the agreement is entered between AKI.IO and the company. To set up the company account, the company, represented by the user, has to accept the current price list and the Data Processing Agreement. The company can receive additional API keys. All use of the AKI.IO Service with API keys attributed to the company are considered uses within the scope of the company account.

3.6 Unless otherwise agreed in writing, the user is not allowed or authorized to grant third parties any rights in the AKI.IO Service. In particular, the user is not entitled to lease the AKI.IO Service for commercial purposes, or to make it available in any other form to third parties for commercial purposes on a temporary basis against payment.

4. Rights of use

4.1 For the term of the agreement (see Sec. 9), AKI.IO grants the user the worldwide right to use the AKI.IO Service and to receive access to the offered artificial intelligence models.

4.2 AKI.IO does not grant any rights in any outputs created by the artificial intelligence models. AKI.IO assumes no responsibility for the accuracy, usability, or applicability of the content generated by artificial intelligence models.

5. Compensation

5.1 To use an artificial intelligence model the user may choose a model within his/her user account. AKI.IO is entitled to add additional models in its sole discretion.

5.2 For each model a specific compensation scheme (price list) applies which is specified within the AKI.IO Service. The user agrees and accepts that the compensation scheme may change from time to time. Planned changes to the price list and their effective date will be communicated to the user by email. The user has the option of accepting or rejecting the new price list within a period of at least three weeks in advance to the end of the month. If no rejection is received, consent is deemed to have been given. The user will be informed in the notification of the change to the price list that silence will be considered as consent. This is particularly the case if the user does not respond to the notification of the planned price change.

5.3 The compensation will be calculated based on what is known as token technology. A token is a unit of data whose size varies depending on the artificial intelligence model. The user has the option of counting the number of tokens using a public tokenizer playground (e.g.: https://huggingface.co/spaces/Xenova/the-tokenizer-playground). For remuneration purposes, the input tokens and output tokens for each request are recorded separately. Remuneration is calculated based on the price list valid at the time of the respective request by the API keys attributed to the company account.

5.4 AKI.IO will issue monthly invoices for each company account within 5 working days after each calendar month for the preceding calendar month. All payment will be made in Euro plus VAT, if applicable.

Artificial Intelligence Models

6.1 The AKI.IO Service grants the user access to various artificial intelligence models

6.2 The user can make entries or prompts (“Input”) in the Artificial Intelligence Models and receive outputs from the services based on the Input (“Output”). The user is responsible for his/her Input, including ensuring that it does not violate applicable law, in particular data protection regulations, or these terms and conditions. The user warrants and represents that he/she has all rights, licenses, and permissions necessary to provide the Input to the models. This applies in particular to any copyright, ancillary copyright, trademark rights, and other intellectual property rights. AKI.IO does not claim any rights to the Input. The rights to the Output are vested in the user.

6.3 AKI.IO points out that, due to the nature and functioning of artificial intelligence models, which are based on probabilities,

7. User Obligations

7.1 The user is obligated to always use AKI.IO Service in accordance with applicable laws. Furthermore, the user agrees not to use AKI.IO Service in any abusive manner.

7.2 The user is obligated to strictly comply with the AKI.IO Acceptable Use Policy.

7.3 AKI.IO is permitted to restrict or block the user's access to individual or all artificial intelligence models if the user violates these AKI.IO Terms and Conditions of Use or the AKI.IO Acceptable Use Policy.

7.4 Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in the AKI.IO Service and/or the Artificial Intelligence Models and/or used in connection with the AKI.IO Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The user is not permitted to use the trademarks without the express consent of the respective owners.

8. Warranty and Liability

8.1 AKI.IO constantly endeavors to ensure that the AKI.IO Service is available without interruptions and transmissions are without errors. If internet access is required to use certain functions, the quality of the function depends on the quality of the internet access. From time to time, the availability of the AKI.IO Service may be interrupted or limited to enable maintenance or repair work, or to launch new features or services. AKI.IO will make all efforts to minimize the frequency and duration of each of these temporary service interruptions or limitations so that an average availability of 99,9% will be reached.

8.2 AKI.IO assumes no warranty or responsibility for the accuracy or usability of the Outputs (see Sec. 6).

8.3 AKI.IO is liable without limitation for damages caused intentionally or as a result of gross negligence on the part of AKI.IO, its legal representative or vicarious agent.

8.4 In addition, AKI.IO is liable for damages caused by a slightly negligent breach of a cardinal contractual obligation. They are obligations whose observance is necessary to the proper fulfillment of the contract or upon whose observance the customer regularly relies on or may rely. Cardinal obligations are also duties that result from the nature of the contract and whose violation jeopardizes achievement of the contract’s purpose. In this case the amount of liability shall be limited to foreseeable damage typical of the contract. AKI.IO is not liable for the slight negligent breach of other obligations than mentioned before.

8.5 The above limitations do not apply in the event of injuries to life, body or health, or to defects which are covered by a guarantee for the quality of the product, or if defects are maliciously concealed. Liability under the Product Liability Act remains unaffected thereby.

8.6 If the liability of AKI.IO is excluded or limited, it applies equally to the personal liability of its employees, legal representatives and vicarious agents.

9. Contract Term

9.1 The contract between the user and AKI.IO is concluded for an indefinite period and can be terminated by either party with two weeks' notice to the end of the respective calendar month.

9.2 The right to extraordinary termination remains unaffected. In particular, AKI.IO is entitled to terminate the agreement for cause, if the user is more than two weeks in arrears with the payment of the monthly fee or if the user violates the Acceptable Use Policy (AUP) and does not cease the violation despite a warning.

9.3 Upon termination of the contract, all API keys assigned to the company account will lose their validity and be disabled.

10. Data Protection

10.1 AKI.IO may process certain data that meet the definition of personal data (as defined by the General Data Protection Regulation - GDPR) in connection with the contractual services under these Terms of Use. Details on the processing of such personal data can be found in the AKI.IO Privacy Policy.

10.2 The user is obliged to comply with all applicable data protection regulations. If the Input contains personal data within the meaning of the GDPR, the user shall ensure that the use of such data as Input is lawful. In the relationship between the user and AKI.IO, the user alone is the responsible party and AKI.IO is the processor acting on the instructions of the user. Details with respect to this order processing are agreed in a separate Data Processing Agreement (DPA), which is attached and incorporated into these Terms of Use. In case of contradictions between the General Terms and Conditions of Use and the DPA, the terms in the DPA shall prevail.

11. Applicable Law/Jurisdiction

11.1 All legal relationships arising from these Terms and Conditions of Use are governed exclusively by German law; the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.

11.2 The exclusive place of jurisdiction for all legal disputes involving legal relationships arising under these Terms and Conditions of Use is Berlin.

11.3 The assignment of rights and obligations under this contract requires the consent of the other contracting party.