General Terms and Conditions

These General Terms and Conditions (hereinafter "AGB"; in our other documents also called "Nutzungsbedingungen" (terms of use)) govern the use of Klate. The contract concluded on their basis is the "Nutzungsvertrag" (usage contract) to which Annex 4 refers.

In addition to these AGB, the following are constituent parts of the contract:

Scope, Contracting Party, Definitions
Subject Matter of the Contract
Registration, Conclusion of Contract, Account
Rights of Use
Customer's Obligations and Permitted Use
Customer Content and Rights in It
AI Features
Interfaces and MCP Access
Collaboration, Shares and Share Links
Prices, Payment, Default
Term and Termination
Right of Withdrawal for Consumers
Availability, Maintenance and Support
Changes to the Service and to These Terms
Warranty
Liability
Indemnification
Confidentiality
Data Protection and Processing on Behalf
Beta and Pre-Release Features
Blocking and Extraordinary Termination
Force Majeure
Data Export and Deletion after the End of the Contract
Final Provisions

1. Scope, Contracting Party, Definitions

Your contracting party is Klate Technology UG (haftungsbeschränkt), Im Galluspark 4, 60326 Frankfurt am Main, Deutschland, represented by the Geschäftsführer (managing director) Arian Fetahaj (hereinafter "Klate" or "we"), entered in the Handelsregister (German commercial register) of the Amtsgericht (Local Court) Frankfurt am Main under HRB 145040. VAT identification number: [USt-IdNr.]. You can reach us at support@klate.ai and by telephone on +49 160 4891608.

These AGB apply to all contracts on the use of the Klate service at app.klate.ai between Klate and you as customer, in the free plan just as in paid plans. They apply in relation to consumers and in relation to traders. A consumer (Verbraucher) is any natural person who concludes the contract for purposes that predominantly can be attributed neither to their commercial nor to their self-employed professional activity (§ 13 BGB). A trader (Unternehmer) is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB). Provisions that apply only to consumers or only to traders say so in their first sentence.

This paragraph applies only in relation to traders: Deviating or supplementary terms and conditions of the customer do not become a constituent part of the contract, even if we do not expressly object to them.

Annexes 1 to 3 are a constituent part of the contract; Annex 4 belongs to it if you use Klate for business purposes (Clause 19). In matters of data protection law, Annex 4 takes precedence over these AGB; the standard contractual clauses incorporated there take precedence over Annex 4. The Auftragsverarbeitungsvertrag has its own annexes; they are part of Annex 4. The Widerrufsbelehrung and the model withdrawal form in Annex 3 reproduce statutory requirements and are not restricted by these AGB. In all other respects, these AGB take precedence over Annexes 1 to 3.

The German text of these AGB and of their annexes is binding. We make an English translation available for information; in the event of discrepancies, the German version applies.

Further terms:

Users are all persons to whom you enable the use of Klate under your account or in your workspace, in particular members of a team and invited persons; what applies to users also applies to AI agents that you connect pursuant to Clause 8.
A workspace is the self-contained environment in which your content resides; every account has a personal workspace and may additionally have a team workspace.
A customer record (Kundeneintrag) is the folder in a workspace in which you file the projects and designs for a brand or a client; the word "customer" without an addition always denotes you as the contracting party in this contract.
A design is a draft of a conversation created in Klate, with its conversation paths and individual contributions (turns).
Content means all data that you or your users enter into Klate, upload, or have generated by the AI features. Outputs are the results that the AI features generate.
A plan (Tarif) is one of the service packages described in Annex 1 and Annex 2.
The AI quota (KI-Kontingent) is the monthly usage volume for the AI features that a paid plan contains; Clause 10.3 and Annex 2 describe it.
The billing period is the month that begins with the start of a paid plan and that is extended by one further month in each case.
Text form (Textform) is the form of § 126b BGB; an e-mail suffices.

2. Subject Matter of the Contract

Klate is a web application (software as a service) with which you design, review and approve conversations for AI assistants. You create customer records (brands) and projects, describe the objective, scope, target group and tonality in a brief, record rules of behaviour in guidelines, and shape designs out of conversation paths with individual turns, tool calls, forms and widgets. You can collaborate with other persons, exchange comments, save versions, obtain approvals, use the AI features described in Clause 7, and connect Klate to an AI agent of your own via the interface described in Clause 8. Which features the respective plan comprises and which volume and size limits exist is described by Annex 1 in the version valid at the time of your order.

A design is a specification. It is not executed by Klate: no widget performs an action, no form transmits entries, no tool call reaches an external system, and no conversation designed in Klate is conducted by Klate with the end customers of your organisation. Tool calls, forms and widgets display the example values that you have entered yourself. Klate is not a platform for operating chatbots or voice assistants and does not establish any connection to such systems. Whether and how you implement a design in a system of your own is for you alone to decide; the implementation is not the subject matter of this contract.

We owe the provision of the service in the scope of Annex 1. We do not owe the implementation, the operation or the maintenance of an AI assistant, no advice, and no particular economic or professional success. Whether a design is suitable for the purpose you are pursuing is for you to assess yourself.

Klate is provided via the browser; an installation is not necessary. We deploy updates on the server side. For the AI features we use models of external providers whose availability we do not control; Clause 7 describes this in detail.

3. Registration, Conclusion of Contract, Account

To use Klate you need an account. You register with your e-mail address and a password and confirm the e-mail address with the code that we send you. Your details must be accurate; keep them up to date, in particular the e-mail address to which we address declarations relating to this contract.

You must be of full age, that is at least 18 years old. This applies to every account, in the free plan as well.

The contract on the free plan comes into existence by our activating your account after the confirmation of your e-mail address. Your registration is the offer, the activation the acceptance.

You order a paid plan, additional seats or AI Boost (Clause 10.3) on an order page in the application or on the page of our payment service provider. The contract is concluded in the following steps:

You select the plan and the number of seats or AI Boost units.
You check the order summary.
As a consumer you declare whether we are to begin with the service before the withdrawal period expires (Clause 12).
You enter your payment data with our payment service provider.
You activate the button "zahlungspflichtig bestellen" (order with an obligation to pay). Immediately beforehand we show you the selected plan, the number of seats or AI Boost units, the total price per billing period including the taxes incurred, the term and the termination conditions; you can correct input errors on the order page until that point. With the click the contract comes into existence, provided that our payment service provider accepts your payment method at the time of the order.

We confirm the contract to you without undue delay (unverzüglich) in text form; with the confirmation you receive the content of the contract including these AGB and their annexes on a durable medium. We activate the service ordered upon payment; if, as a consumer, you have not requested an immediate start of performance, the service and its billing begin only after the withdrawal period has expired (Clause 12). We store the text of the contract; the respectively current version of these AGB can be found at https://klate.ai/legal/terms. The contract language is German. The user interface of Klate is available in German and in English; you choose the language in the application.

Whether you are a consumer or a trader is determined in accordance with Clause 1. When ordering a paid plan we ask whether you are acting for business purposes, and we ask traders for company name, address and, to the extent available, VAT identification number. Whoever registers an account for a company or another organisation warrants that they are authorised to do so; the customer is then that organisation.

Keep your access data secret and do not pass it on. Acts of your users and of the AI agents connected by you under your account or in your workspace are attributed to you. Acts of unauthorised third parties are attributed to you if you culpably enabled the access; the statutory rules on authority and apparent authority remain unaffected. Inform us without undue delay at support@klate.ai if you suspect a misuse of your account.

If you create a team workspace, you as its owner, or the organisation on whose behalf you act, are the customer for that workspace. The members of the team are your users; you ensure that they comply with these AGB.

4. Rights of Use

For the duration of the contract we grant you the simple, non-exclusive, non-transferable and non-sub-licensable right to use Klate via the browser and the interfaces provided by us within the scope of your plan. You may use Klate for your own purposes; this includes the creation of designs for your own clients. Your users may co-use Klate within the framework of the seats and roles of your plan under your responsibility.

You may not rent out, lend, resell Klate or make it available to third parties outside the seat model. You may not reverse engineer, decompile or disassemble the service, to the extent that this is not permitted by §§ 69d, 69e UrhG, may not remove any protective or copyright notices, and may not address the service in an automated manner other than via the interfaces provided by us. A systematic extraction from the service for the purpose of building an imitation service is prohibited.

All rights in Klate, in the software, the user interface, the texts, the templates, the catalogues of tool providers and widgets, the documentation and the marks, remain with us. The naming of third-party products and companies in our catalogues serves solely for identification; it does not establish any connection to those companies.

If you voluntarily make suggestions to us for the improvement of Klate, we may use them without remuneration. Your content is not covered by this; Clause 6 applies to it.

With the end of the contract the right of use ends. For the time thereafter, Clause 23 applies.

5. Customer's Obligations and Permitted Use

You provide for the technical prerequisites required on your side: an up-to-date browser with JavaScript enabled and an internet connection; the complete technical prerequisites, including the minimum width of the window, are set out in Annex 1. You keep the e-mail address stored in your account up to date and report disruptions and defects to us in a comprehensible manner. You regularly back up content whose loss you cannot accept, using the export function described in Clause 23.

Klate is designed for drafting conversations with invented example data. Enter real personal data of third parties only if you are entitled to do so and it is necessary for the drafting purpose. Special categories of personal data (Art. 9 GDPR) and data concerning criminal convictions and offences may not be processed by you in Klate, unless we have separately agreed this with you in text form (Annex 4). In addition, inputs to the AI features may not contain any payment account or card data and no official identification numbers of real persons. Invented example data is not affected by these prohibitions. For personal data in your content, Clause 19 applies.

You may not use Klate in order to

post or disseminate content that is unlawful or infringes the rights of third parties, in particular copyright, trade mark, other distinctive sign or personality rights;
impersonate persons, companies, public authorities or brands without their authorisation or to create the impression of a connection that does not exist; you may use names, logos and marks of third parties to the extent that trade mark law, name law and competition law permit this, in particular for mere identification;
use invitations, shares, approval requests or comments for unsolicited advertising, harassment, deception or for the interception of access data;
disseminate malware, carry out attacks on Klate or on third parties, circumvent access controls, volume or request limits or security measures, or exploit security vulnerabilities;
generate with the AI features content that instructs in the commission of criminal offences, promotes violence or extremism, instructs in the manufacture, procurement or use of weapons, explosives or other dangerous substances, glorifies self-harm, disparages people because of their membership of a group, depicts persons in a sexualised manner, deceives about real persons, groups or events, supports fraud, phishing or malware, or is intended to circumvent the protective mechanisms of the models; content that depicts minors in a sexualised manner is prohibited in every form;
automate, on the basis of outputs, decisions with significant consequences for people, in particular in the areas of health, law, finance, credit, insurance, employment, housing, education or law enforcement, without review by a human being, or to give legal or health advice that requires a professional licence without an accordingly licensed person being involved;
burden the service in a manner that impairs its use by other customers.

You warrant that neither you nor your users appear on a sanctions list of the European Union or of the Federal Republic of Germany, and, to the extent that compliance is permissible under the law of the European Union (Regulation (EC) No 2271/96), that you are not subject to sanctions of the United States. You observe the provisions of foreign trade law and export control law applicable to your content.

You ensure that your users comply with this Clause. For breaches by your users you are answerable as for your own breaches, to the extent that you enabled their use (§ 278 BGB). Measures pursuant to Clause 21 we direct, to the extent possible, first against the user concerned.

We do not review your stored content on our own initiative and do not deploy any automated filtering for it. We act when a breach is reported to us or otherwise becomes known to us. We accept reports about unlawful content at abuse@klate.ai; we confirm receipt, have the report reviewed by a human being and communicate our decision to the reporting person and to the customer concerned. Which measures we may take and how you can challenge them is governed by Clause 21.

To protect against overload and misuse, we may set technical upper limits, for instance for the size of uploaded files, the size of individual turns and the number of requests per period. The current values are set out in Annex 1; they are protective limits and do not describe the scope of the service.

6. Customer Content and Rights in It

Your content remains yours. In your content, in particular briefs, designs, conversation paths, turns, guidelines, tool, form and widget definitions, comments and uploaded files, we acquire no ownership and no rights going beyond this Clause.

You grant us the simple (non-exclusive) right, unlimited in territory and limited in time to the term of the contract and the subsequent period pursuant to Clause 23, to store, reproduce, transmit, edit your content and make it accessible to the persons authorised by you, exclusively to the extent that this is necessary in order to

provide you with the features owed under the contract;
make backup copies and to ensure the availability and integrity of your content;
display your content to the persons to whom you have granted access pursuant to Clause 9;
execute an AI feature triggered by you; for this purpose we may temporarily transmit the content required for the request to the model providers named in Clause 7 and have it processed there;
remedy a disruption upon your report;
make technically necessary format and structure changes.

We may pass these rights on to the processors deployed by us and to their sub-processors, limited to the same purpose and the same scope and only to the extent that those parties are contractually obliged to a corresponding use. The respectively current list is contained in Annex 4.

We do not use your content for our own purposes, not for advertising, analytics or product development purposes, not for the training of AI models (Clause 7) and not for text and data mining within the meaning of § 44b UrhG. We access your content only to the extent that this is necessary for the rendering of the service, for remedying a disruption reported by you, for averting misuse or on the basis of a statutory obligation.

With the end of the contract and the expiry of the period pursuant to Clause 23, the rights under this Clause lapse. Backup copies that still exist for technical reasons expire in accordance with Clause 23.

You are responsible for having the rights required for this Clause, in particular in uploaded brand, image and logo files, in names and marks of third parties and in content that depicts or names persons, and for the posting of your content not infringing the rights of third parties. For claims of third parties that are based on a breach of this responsibility for which you are answerable, Clause 17 applies.

If you pass on content via invitations, share links or approval links, that is your own decision; Clause 9 describes what the recipients see. If you connect an AI agent of a third party, Clause 8 applies.

7. AI Features

7.1 What the AI Features Are

Klate offers AI-supported features: the assistant "Ask Klate", which supports you in drafting and, on your instruction, creates and changes content in your workspace; the one-off creation of a first design from your answers in the setup assistant; the automatic titling of a newly started conversation; and, if you have switched on the AI memory, the automatic review of your messages for details worth remembering. The AI features run only in connection with a conversation started by you, never in the background without your involvement. Modifying acts of the assistant in your workspace require your confirmation by default; you can change this setting for each conversation.

The AI features generate suggestions that you can accept, change or discard. Which plans comprise the AI features and which AI quota belongs to them follows from Annex 1 and Annex 2; the AI quota is governed by Clause 10.3.

7.2 Model Providers and the Path of a Request

We do not operate any AI models of our own. Every request of an AI feature runs via the AI gateway of Vercel Inc. (USA) to the model provider of the model used in each case. Model providers are currently exclusively OpenAI and Anthropic; the processing takes place in the United States. Currently one preset model is available; which one that is and which further models we can enable is set out in Annex 1. If we offer several models, you choose between them in the application; without a choice of your own, your request runs on the preset model. If the model does not deliver an answer, we execute the request once on a substitute model of one of the named providers (Annex 1); we point this out to you in the conversation and record it in our logs. Which content is transmitted per request, which bodies receive it and on which safeguards we base the transfer to the United States is described by the section "KI-Funktionen" of our privacy notice (https://klate.ai/legal/datenschutz); the contractual safeguards are contained in Annex 4.

You can prevent the transmission to the model providers at any time by not using the AI features. All other features of Klate remain unaffected by this.

7.3 No Training on Your Content; Storage at the Providers

We do not develop, train or refine any AI models of our own. In Klate there is no training function, no dataset export and no feeding back of your content into a model training. We do not pass your content on to third parties for training or model improvement purposes.

Every request to the AI gateway carries the technical marking that inputs and outputs may not be used for the training or the improvement of AI models. The gateway forwards a request so marked only to a model provider with whom the gateway operator has contractually agreed the exclusion of training. If no such provider is available, the request is rejected and not executed, not with another provider either. We set this marking on every request and do not operate the AI features without this forwarding restriction.

The effect of this restriction rests on the contracts of the gateway operator with the model providers. We are not party to those contracts and cannot verify their content. We assume no warranty for the conduct of the model providers going beyond the foregoing obligations; our liability under Clause 16 remains unaffected.

We have not agreed storage-free processing ("Zero Data Retention") with the model providers. The providers reserve the right to retain inputs and outputs for a short time, according to their own statements currently up to 30 days, in order to detect misuse, and to keep them for longer where a breach of their terms of use has been established. The AI gateway, according to the statements of its operator, stores no content, but metadata of the request. Details, including on the caching of recurring parts of a request, are described by the section "KI-Funktionen" of our privacy notice.

7.4 Characteristics of the Outputs; Your Duty to Check

The AI features generate suggestions. As is generally the case with generative AI systems, outputs are not in every case correct, complete, up to date, lawful or suitable for a particular purpose; this belongs to the characteristics (Beschaffenheit) of these features. What is owed is the provision of the features with these characteristics.

Outputs arise in a statistical procedure. The same input can lead to different outputs; outputs can be inaccurate, incomplete, misleading or outdated and can infringe the rights of third parties. You may not use statements of fact in outputs without having checked their correctness yourself. The same or a similar output can also be generated for other customers; outputs are not necessarily unique.

You check every output before you use it, pass it on or publish it. Outputs are not intended to be used in a legal, medical, insurance-related, financial, employment-related or housing-related context, in education or in reporting without review by a person professionally qualified for this. If you implement a design drafted in Klate in a dialogue system directed at consumers, you inform its users that they are speaking with an AI and not with a human being. You do not hold out an output as having been created by a human being.

The responsibility for content that you pass on, implement or publish on the basis of an output lies with you. This Clause 7.4 describes the content of the service; our liability is governed by Clause 16 and is not further restricted by this Clause.

7.5 Rights in Outputs

In the relationship between you and us, the outputs generated for you belong to you. We do not assert any rights of our own in outputs. To the extent that rights in an output should accrue to us, we grant you a transferable, sub-licensable right of use in them, unlimited in time, territory and content, without additional remuneration.

Whether copyright exists in an output depends on your own creative contribution. Purely machine-generated content as a rule enjoys no copyright protection under German law. We neither warrant that rights exist in an output, nor that exclusivity accrues to you in it, nor that an output is free of the rights of third parties.

7.6 Transparency and Labelling

The AI features are labelled as AI in the application. At the latest upon the first interaction we point out that you are interacting with an AI system and not with a human being (Art. 50(1) of Regulation (EU) 2024/1689). A design generated in the setup assistant carries in its description a human-readable notice of how it came about. A machine-readable marking of generated texts pursuant to Art. 50(2) of that Regulation is currently not present; we will introduce it and inform you in accordance with Clause 14. We make no further statements on conformity with that Regulation.

If you remove or change a notice about the origination by AI, you yourself bear the responsibility for transparency towards third parties. If you deploy the AI features in your organisation, you yourself are subject to the obligations that Regulation (EU) 2024/1689 imposes on a deployer of an AI system, in particular the promotion of AI literacy of your staff and, if you publish AI-generated texts in order to inform the public on matters of public interest, the disclosure provided for this.

7.7 Changes to the Models and to the Provider Situation

The models offered may change, for instance because a provider discontinues a model or replaces it with a new one. We replace a discontinued model with an at least equivalent model of one of the named providers. If an individual model is temporarily unavailable, we make a substitute model available where possible. Your statutory rights in the event of defects remain unaffected.

If the situation described in Clause 7.2 or Clause 7.3 changes to your disadvantage, in particular through a change of the gateway operator, the lapse of the forwarding restriction or the inclusion of a model provider without an agreement on the exclusion of training, we inform you at least 30 days in advance in text form to the e-mail address on file and update the details in Annex 4. You can object to the change within 30 days. If we cannot remedy the objection, you can terminate the contract extraordinarily (außerordentliche Kündigung) with effect as of the time of the change; if you do not terminate, the change takes effect at the announced time. Fees paid in advance we refund pro rata in the event of such a termination.

8. Interfaces and MCP Access

Klate provides an interface in accordance with the Model Context Protocol (MCP) via which you can connect an AI agent of your choice with your account so that it reads and writes in Klate in your name. The interface belongs to the scope of the service of the Pro and Team plans; on the Free plan it is not available. Its functional scope is described in Annex 1.

You establish the connection via a consent page on which you see which application is requesting access and on which you select the workspaces to which the access extends. If you select no workspace there, the access extends to all of your workspaces in which the interface is available (Annex 1). A connected agent is subject to the same access checks as you yourself: it can only do what you are allowed to do, and only in the workspaces released by you. You can change the scope at any time in the settings and disconnect the connection at any time.

Acts of an agent connected by you are your acts. This also applies to deletions, to invitations and approval requests that the agent triggers to e-mail addresses determined by it, and to seats that are occupied by an invitation. For acts of third parties who misuse the connection, Clause 3 applies accordingly. Modifying acts of an agent are recorded in the audit log.

The agent connected by you is a service of a third party that you select and engage. Rights in your content that this third party requires for the retrieval and further processing are granted to it by you, not by us. We are not involved in this granting of rights and are not responsible for the further processing by the provider of the agent; the provider of the agent is not a processor of ours.

For requests via the interface, the request limits pursuant to Clause 5 apply. We may change the interface in accordance with Clause 20; irrespective of this, the retrieval of your content in a structured format pursuant to Clause 23 is always possible.

You can give other persons access to a customer record, a project or a design (share, Freigabe): as viewer, editor or administrator. Which plans comprise sharing, how many seats and viewers are provided for per workspace and how seats differ in team workspaces and in the Pro plan is described by Annex 1.

Invitations and approval requests we send on your instruction by e-mail to the addresses specified by you. You ensure that you are permitted to address the recipients in this way. What the recipients see is your decision; Clause 5 applies.

A share link (Freigabelink) entitles the holder exclusively to read. It can be redeemed only by signed-in persons and, upon redemption, is bound firmly to the account of the redeeming person; a link that is passed on does not procure any anonymous access. You can give a link an expiry date and revoke it at any time; an access already redeemed remains in place until you withdraw it from the person.

An approval request sends the person named by you an e-mail with an approval link (Abnahmelink). This link acts for 14 days as an access key: whoever possesses it can read the design concerned (with the associated project details, the brief, the guidelines and the linked definitions) or the brief concerned, even without an account. Uploaded files are not retrievable via it. The approval decision is bound to the account of the approving person, if that person has one; otherwise that person grants or refuses the approval directly via the link. By sending an approval request you deliberately disclose the content to the person named; do not pass approval links on. An approval in Klate is not an electronic signature and does not replace any declaration that the law or a contract between you and the approving person requires in a particular form.

In a team workspace the administrators manage the members and seats; the owner is always an administrator. If a seat is withdrawn, the member loses the right to edit, not the read access. A change of ownership and the exit of a member we arrange on request at support@klate.ai.

10. Prices, Payment, Default

10.1 Prices and VAT

The prices pursuant to Annex 2 in the version displayed at the time of your order apply. Prices are stated in euros. If you place your first paid order from the United States, we bill in US dollars at the amounts named in Annex 2; the currency remains in place for the duration of the contract.

For consumers, the displayed prices are total prices including the value added tax incurred in each case; it is determined by the country of your domicile or habitual residence. For traders, the prices are understood as being plus statutory value added tax. Traders established in another Member State of the European Union who notify us of a valid VAT identification number owe the value added tax themselves under the reverse charge procedure; we then invoice without German value added tax. To traders established outside the European Union we charge no German value added tax, to the extent that the law so provides. We determine the tax incurred at the time of the order on the basis of your details on country, address and VAT identification number, and display it to you before the order.

10.2 Billing and Payment

We bill paid plans monthly in advance. The fee falls due at the beginning of each billing period; we debit it via the payment method stored by you with our payment service provider. Payments are handled by Stripe Payments Europe, Limited, Dublin, Irland; your complete payment data does not reach our systems.

If you order additional seats or AI Boost within a billing period, we charge a pro rata amount for the remainder of the current billing period, which we display to you before the order; the extension takes effect upon payment of that amount.

If you reduce seats or AI Boost units, the reduction takes effect immediately; the AI quota is reduced only with the next billing period. The pro rata amount for the remaining time of the current billing period is credited to you by our payment service provider; the credit is set off against your next invoices and is not paid out. If the contract ends before such a credit has been set off, we refund the outstanding amount to you by the route by which you paid.

If you switch to a cheaper plan, the switch takes effect at the beginning of the next billing period; for the current billing period we make no refund.

We make invoices available electronically, by e-mail or for retrieval. You consent to electronic invoicing.

If you hold an active Team plan, your personal workspace comprises the features of the Pro plan without additional fee, for as long as the Team plan is active and no payment for it is outstanding.

10.3 AI Quota

Every paid plan contains a monthly AI quota, measured in quota units; its size is determined by Annex 2. The consumption per request depends on the model used, on the length of your input and of the output, on the content included and on the tools that the assistant calls; Annex 1 describes this in more detail. In the application you can see at any time which share of the quota is still available in the current billing period.

The AI quota is provided anew at the beginning of each billing period. Unused quota lapses with the end of the billing period and is not carried over into the next one. The quota has no monetary value, is not paid out and is not transferred to other workspaces. A refund is made only to the extent that we refund fees paid in advance pro rata under these AGB; it then also comprises the fee for AI Boost.

If the quota is used up, the AI features are unavailable until the beginning of the next billing period. A request already begun we carry through to the end, even if the quota is used up in the meantime; the consumption exceeding the quota in the process is set off against the quota of the following billing period. Usage exceeding the quota we do not charge to you; a subsequent billing according to consumption does not take place.

You can book additional monthly quota (AI Boost) in quota units at the price named in Annex 2. It is billed together with the plan and is subject to the same rules as the quota contained in the plan; in particular, it lapses with the end of the billing period. If you reduce or end AI Boost, Clause 10.2 applies; the quota of the current billing period remains available at its previous level until the end of that period.

The free plan contains no AI quota. The one-off creation of a first design in the setup assistant we make available to all customers without a fee; it does not charge any quota.

10.4 Changes to Prices and Quotas

We can change the prices and the size of the AI quota for future billing periods. We notify you of a change at least 30 days before the beginning of the first billing period for which it is to apply, in text form to the e-mail address on file, and point out in it the content of the change, the time it takes effect and the consequences set out below. Billing periods already paid for remain unaffected by the change.

A higher price or a smaller quota applies to you only if you agree; we ask you for your agreement in the application. Your silence does not count as agreement. The query in the application presents agreement and refusal to you as equivalent options and does not restrict the use of Klate until your decision. If you refuse or do not agree by the beginning of the first billing period affected, our notification is deemed a termination of your paid plan as at the end of the preceding billing period: the plan then ends without your having to do anything; your account and your content are retained in the free plan, and Clause 11.4 applies. A lower price or a larger quota applies without agreement from the announced billing period. You can also terminate your plan at any time pursuant to Clause 11.

10.5 Default in Payment, Failed Payments, Chargebacks

If the debit of a fee that has fallen due fails, we inform you in text form and attempt the debit again. Until receipt of payment we suspend the AI features of the workspace concerned; all other features of your plan remain available. Upon receipt of payment we restore the AI features. If payment continues not to be made, we request you in text form to pay within a period of at least seven days and point out that the paid plan will otherwise end. If you do not pay within this period, the paid plan ends; your workspace switches to the free plan, and Clause 11.4 applies. Content is not deleted as a result.

In the event of default in payment (Zahlungsverzug) you owe the statutory default interest. Further statutory claims remain unaffected; we do not charge any flat-rate reminder or processing fee.

If a payment is charged back or you dispute it vis-a-vis your payment service provider, we may suspend the AI features of the workspace concerned until the amount has been settled or the dispute has been decided in your favour. An AI quota that was financed by the charged-back payment lapses for the billing period concerned. Refunds that we ourselves initiate do not trigger these consequences.

11. Term and Termination

11.1 Free Plan

The contract on the free plan runs for an indefinite period. You can end it at any time by deleting your account in the settings or by notifying us of the ending in text form. We can terminate it with a period of 30 days in text form.

If no one has signed in to an account in the free plan for twelve months, we may in addition end the contract. We notify you of this at least 30 days in advance in text form to the e-mail address on file and point out the forthcoming deletion and the export option pursuant to Clause 23. If you sign in within these 30 days, the contract remains in place.

11.2 Paid Plans

A paid plan runs for one month and is extended by one further month at a time for as long as it is not terminated. There is no minimum term and no notice period: you can terminate the plan at any time as at the end of the current billing period, in the account settings, via the termination function pursuant to Clause 11.3, or in text form, for instance by e-mail to support@klate.ai. Until the end of the billing period, plan, seats and AI quota are retained; for the remaining part of the billing period already paid for we make no refund. Thereafter the workspace switches to the free plan; Clause 11.4 applies. Until the end of the billing period you can agree with us to continue the plan; a button is available to you for this in the application.

We can terminate a paid plan with a period of 30 days as at the end of a billing period in text form. Your account and your content are then retained in the free plan, unless we at the same time terminate the contract as a whole pursuant to Clause 11.5.

The right of both sides to extraordinary termination for good cause (§ 314 BGB) remains unaffected; Clause 21 describes when we make use of it.

11.3 Termination Function

You can also terminate paid plans via our termination function (Kündigungsfunktion). The button "Cancel contracts here" — "Verträge hier kündigen" in German — at https://app.klate.ai/kuendigen (also reachable via https://klate.ai/kuendigen) is reachable without signing in and leads to a confirmation page. There you provide the details on your person, on the contract, on the type of termination and on the desired time of the ending, and you submit the termination with the button "jetzt kündigen" (terminate now). We confirm the receipt (Zugang) of the termination to you immediately in text form, stating its content, the date and the time of receipt as well as the time at which the plan ends. If you name no time, the termination takes effect as at the end of the current billing period. For consumers this is the termination function pursuant to § 312k BGB.

11.4 Consequences of Switching to the Free Plan

If a workspace switches from a paid plan to the free plan, nothing is deleted. If the workspace exceeds the limits of the free plan pursuant to Annex 1, all content remains editable for seven days; we remind you during this time in text form. If the plan ends because a payment has failed to be made, the seven days do not begin only with the switch, but already with the first failed debit. Upon the switch they may therefore already have elapsed in whole or in part. After the expiry of the period, a project selected by you remains editable within the framework of the limits of the free plan; all other projects and designs are only readable, but can still be deleted and exported pursuant to Clause 23. As soon as the workspace is within the limits again or you order a paid plan anew, the restriction lapses.

With the switch the AI quota ends. Editors for whom there is no longer a seat receive the role of viewer; their read access is retained. If a Team plan ends, the equipment of the owner's personal workspace pursuant to Clause 10.2 ends at the same time.

11.5 Ending the Contract as a Whole

You can end the contract as a whole, that is including the free plan and thereby your account, at any time by deleting your account in the settings or by notifying us of the ending in text form.

If you notify us of the ending in text form while a paid plan is running, it takes effect as at the end of the current billing period. If you delete your account in the settings, the contract ends immediately: a running paid plan ends at the same time, no further fees arise, and, as with a termination pursuant to Clause 11.2, we refund nothing for the remaining part of the billing period already paid. If you want to use the paid period, first cancel the plan and delete your account after it has ended. Your right of withdrawal pursuant to Clause 12 remains unaffected.

If you are the owner of a team workspace that has further members, have the ownership transferred to another member beforehand (Clause 9) or remove the other members; until then, deletion in the settings is not possible. If you notify us of the ending in text form, we agree the procedure for such a team workspace with you. A team workspace of which you are the only member is deleted together with your account. We point out these consequences, the ending of a running plan and the export option pursuant to Clause 23 to you before the deletion.

We can terminate the contract as a whole with a period of 30 days in text form. If a paid plan thereby ends before the end of a paid billing period, we refund the fee for the time after the ending pro rata. The right to extraordinary termination pursuant to Clause 21 remains unaffected.

What happens to your content after the ending is governed by Clause 23.

12. Right of Withdrawal for Consumers

This Clause applies only to consumers. As a consumer you have the statutory right to withdraw from the contract within 14 days without stating reasons. The details (the beginning and the duration of the period, the form of the withdrawal, the consequences and the model withdrawal form) are contained in the Widerrufsbelehrung in Annex 3.

You can also exercise your right of withdrawal via our withdrawal function. The button "Withdraw from contract here" — "Vertrag widerrufen" in German — at https://app.klate.ai/widerruf (also reachable via https://klate.ai/widerrufen) is reachable without signing in; after entering the details named in Annex 3 you submit the withdrawal with the button "Widerruf bestätigen" (confirm withdrawal). We confirm receipt to you without undue delay in text form, stating the content as well as the date and the time of receipt.

The right of withdrawal does not lapse by reason of your already using Klate during the withdrawal period. On every order for a fee, the plan just as much as a later additional booking of seats or AI Boost, we ask you whether we are to begin with the service before the withdrawal period expires. If you expressly request this and later withdraw, you owe us, for the service rendered up to the withdrawal, an amount corresponding to its share of the agreed total price of the billing period. If you do not request this, the ordered service, in the case of the plan together with the first billing period, begins only after the expiry of the withdrawal period; until then you continue to use Klate in your previous plan.

13. Availability, Maintenance and Support

We operate Klate with the care that is customary for a professionally operated online service, and endeavour to achieve a high availability. The handover point of the service is the exit of the data centre of our hosting provider; your internet connection and your devices lie within your area of responsibility. We do not promise any particular availability in per cent, and we grant no service credits. Your statutory rights in the event of defects, including the Minderung (reduction of the fee) pursuant to Clause 15, remain unaffected.

We may carry out maintenance work. Planned work that is likely to impair use noticeably we announce beforehand at https://status.klate.ai, to the extent possible. In the event of security incidents we may act without prior announcement. Security and other updates we deploy on an ongoing basis on the server side; no action on your part is required for this. About changes that materially alter your use we inform you pursuant to Clause 14.

The current operating status and ongoing disruptions we publish at https://status.klate.ai. The status page serves for your information; it does not establish any assurance.

We back up the database with our database provider on an ongoing basis and can reset it to a point in time within the last seven days. A backup at a second location going beyond this does not exist. Application and database run in a single region in Frankfurt am Main; uploaded files reside with our object storage provider with Western Europe as the specified storage location (Annex 4). Deleted customer records, projects and designs we can restore upon your request at support@klate.ai within 30 days of the deletion; all other objects, for instance tools, widgets, forms, guidelines and individually deleted comments, are deleted immediately and definitively (Annex 1). A backup of your content going beyond these possibilities you achieve with the export function pursuant to Clause 23.

We provide support by e-mail at support@klate.ai on German working days (Monday to Friday with the exception of the public holidays at Klate's registered seat). We answer within a reasonable time; we do not promise any particular response time. Complaints you should likewise address to this address; we answer in text form. We do not offer telephone support or a ticket system.

14. Changes to the Service and to These Terms

14.1 Further Development and Change of the Service

We develop Klate further on an ongoing basis. Changes that go beyond what is necessary for maintaining the condition owed under the contract we make only for one of the following reasons:

to adapt to changed statutory or regulatory requirements or to changed case law;
to adapt to a changed technical environment, in particular in browsers, interfaces, model providers or hosting;
to close security vulnerabilities;
to replace a component that a third party has discontinued, for instance an AI model;
to develop the features further for important operational reasons, for instance because of increased user numbers or changed usage requirements, where the purpose of the contract is preserved and the change is reasonable for you taking our interests into account.

No additional costs arise for consumers as a result of such a change.

If a change impairs your possibility of access to Klate or its usability more than insignificantly, we inform you at least 30 days in advance in text form to the e-mail address on file about the features and the time of the change and about your rights under this Clause. You can terminate the contract or the plan concerned free of charge up to the time the change takes effect. If you are a consumer, you can in addition end the contract without charge within 30 days of the time at which the change takes effect (§ 327r Abs. 3 BGB); if you receive the information only after the change, the period begins with the receipt of the information. Fees paid in advance for the time after the termination takes effect we refund pro rata.

Insignificant changes, error corrections and pure improvements without restriction of the functional scope we do not announce in advance; about them we inform in the release notes at https://klate.ai/changelog. The scope of the free plan we may adapt for the future for the reasons named above with an announcement of 30 days in text form, to the extent that this is reasonable for you; existing content is not deleted in the process, Clause 11.4 applies accordingly, and you can terminate pursuant to the preceding paragraph.

14.2 Discontinuation of the Service, of a Plan or of a Material Feature

We can discontinue Klate as a whole, a plan or a material feature with a period of 30 days in text form to the e-mail address on file. Fees paid in advance for the time after the discontinuation we refund pro rata, including for AI Boost. After the discontinuation of Klate as a whole or of your plan you have read and export access to your content pursuant to Clause 23 for at least 30 days. The discontinuation of a material feature is at the same time a change pursuant to Clause 14.1; the right of termination set out there applies.

14.3 Changes to These AGB and to the Annexes

We can change these AGB and Annexes 1 and 2 to the extent that this is necessary in order to adapt them to changed statutory or regulatory requirements or to changed case law, to close a regulatory gap, to reflect changes to the service pursuant to Clause 14.1 or to the prices and quotas pursuant to Clause 10.4, or to adapt the terms to a changed technical environment. The relationship between service and consideration we do not change by this route; for that, Clause 10.4 alone applies. For Annex 4, the procedure described there applies.

We notify you of a change at least 30 days before it takes effect in text form to the e-mail address on file, name the provisions changed and the time it takes effect, and point out your rights under this Clause. The new version we publish at https://klate.ai/legal/terms with its date; earlier versions we make available on request. For paid plans the change takes effect at the earliest with the first billing period that begins after the expiry of the period.

The changed version applies to you only once you have agreed to it; we ask you for your agreement in the application and record it there. Until your decision this does not restrict your use. Your silence or the mere continued use does not count as agreement. You can terminate the contract free of charge up to the time the change takes effect. If you neither agree nor terminate, the previous version continues to apply to you; we can then terminate the contract by ordinary termination pursuant to Clause 11.

Changes to our company name, address, register details, VAT identification number or contact details as well as the correction of obvious clerical errors we make without this procedure; they do not change the content of the contract.

15. Warranty

Klate has the characteristics (Beschaffenheit) described in Annex 1 and in these AGB. If you are a consumer, you have the statutory rights in the event of defects pursuant to §§ 327 ff. BGB; your rights to Nacherfüllung (subsequent performance), Minderung (reduction of the fee) and Beendigung (ending of the contract) are not restricted by these AGB, and in the event of discrepancies they take precedence; claims for damages are governed by Clause 16. If you are a trader, your rights in the event of defects are governed by the statutory provisions on the granting of use for a period of time (Gebrauchsüberlassung auf Zeit), to the extent that this Clause and Clause 16 do not provide otherwise.

Report a defect to us in text form to support@klate.ai and describe it in such a way that we can follow it. We remedy defects within a reasonable time, at our choice by correction, workaround or update, to the extent that the workaround is reasonable for you; if a workaround does not eliminate the defect completely, your rights to Minderung and Beendigung remain unaffected. Your right to a reduction of the fee in the event of defects (§ 536 BGB; for consumers § 327n BGB) remains unaffected.

The characteristics of the outputs of the AI features are described by Clause 7.4.

This paragraph applies only in relation to traders: For services provided free of charge (the free plan, pre-release features pursuant to Clause 20 and the one-off creation of a first design) we are liable for defects only if we fraudulently concealed the defect; liability pursuant to Clause 16 remains unaffected.

16. Liability

16.1 Unlimited Liability

We are liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence on the part of us, our legal representatives or vicarious agents (Erfüllungsgehilfen), for damage arising from the breach of a guarantee expressly assumed by us, in the event of the fraudulent concealment of a defect, and under the Produkthaftungsgesetz.

16.2 Limited Liability in Cases of Ordinary Negligence

In the case of an ordinarily negligent breach of a duty whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (these include in particular the provision of the service, the keeping available of your content and its protection against unauthorised access), we are liable limited to the damage typical for the contract and foreseeable at the time of the conclusion of the contract, per event of damage at most to the higher of the following amounts: the fees that you have paid to us in the twelve months before the damaging event, or EUR 10,000.

In all other respects our liability for ordinary negligence is excluded.

16.3 Services Provided Free of Charge

For the free plan and for the one-off creation of a first design we are liable only pursuant to Clause 16.1. For pre-release features pursuant to Clause 20 we are liable as for the other features of the plan in which you use them.

16.4 Loss of Data

If you have not backed up content whose loss you cannot accept, contrary to Clause 5, with the export function pursuant to Clause 23, you must accept this being set off against you as contributory fault (Mitverschulden) in the event of a loss (§ 254 BGB). Clause 16.1 remains unaffected.

16.5 Exclusion of Strict Liability for Defects Existing at the Outset

Strict liability for defects that were already present at the time of the conclusion of the contract (§ 536a Abs. 1 Alternative 1 BGB) is excluded. This does not apply to damage arising from injury to life, body or health. Liability pursuant to Clause 16.1 and Clause 16.2 remains unaffected.

16.6 Common Provisions

This Clause applies to all claims arising from and in connection with this contract, on whatever legal basis, and also to claims arising from Annex 4; Art. 82 GDPR remains unaffected. It also applies for the benefit of our employees, legal representatives and vicarious agents. A change of the burden of proof to your disadvantage is not associated with this Clause. Clause 7.4 describes the content of the service of the AI features and does not restrict our liability under this Clause.

17. Indemnification

You indemnify us against claims of third parties that they assert against us on account of a breach for which you are answerable of Clause 5, of your responsibility pursuant to Clause 6 or of the obligations in Clause 7.4, and you reimburse us for the reasonable costs of legal defence. This also applies to claims on account of the use of outputs or designs by you or your users, to the extent that the use breaches Clause 5 and you are answerable for the breach. The indemnification does not apply to the extent that we are ourselves answerable for the infringement.

We inform you without undue delay in text form about claims asserted, do not acknowledge them without your consent, and leave the defence to you, to the extent that this is reasonable for us. You keep us informed about the state of affairs and coordinate with us.

18. Confidentiality

Both sides treat confidential information of the other side as confidential. Confidential means information that is designated as confidential or that is recognisably confidential according to the circumstances; your content is always confidential.

This paragraph applies only in relation to traders: Our non-public information about Klate that we have designated as confidential, for instance about pre-release features and about individually offered terms, is likewise confidential.

Confidential information may be used only for the performance of this contract and may be made accessible only to such persons as require it for that purpose and are themselves obliged to confidentiality; on our side these are our employees and the processors named in Annex 4.

The obligation does not apply to information that is or becomes publicly known without a breach of this Clause, that was already known to the receiving side or was lawfully communicated by a third party, that was developed independently, or that must be disclosed on the basis of a statutory obligation or an administrative or judicial order; in the last case the disclosing side informs the other beforehand, to the extent that this is permissible.

The obligation exists during the contract and for two years beyond its end. For personal data, Clause 19 and Annex 4 apply in addition.

19. Data Protection and Processing on Behalf

How we process personal data, which recipients receive it, where it is stored and which rights you have is described by our privacy notice at https://klate.ai/legal/datenschutz. For the data of your account, for billing and log data and for the consumption data of the AI features we are the controller.

For personal data in your content you are the controller, to the extent that the GDPR is applicable to your use; you ensure that a legal basis exists for this processing and that the data subjects are informed. For customers who use Klate for business purposes, the Auftragsverarbeitungsvertrag pursuant to Art. 28 GDPR in Annex 4 comes into existence upon registration; a separate conclusion is not required. Annex 4 governs in particular the sub-processors and changes to them, the transfer to third countries, our support with requests of data subjects and the deletion after the end of the contract. In matters of data protection law, Annex 4 takes precedence over these AGB.

Requests of data subjects that concern your content we forward to you and we support you pursuant to Annex 4; requests concerning the data for which we are the controller we answer ourselves. An AI agent connected by you is not a processor of ours; Clause 8 applies.

This paragraph applies only to consumers: If, after the conclusion of the contract, you exercise your data protection rights (for instance by withdrawing a consent or objecting to a processing), the contract remains unaffected by this. We can terminate it for that reason without notice only if the continuation with the remaining processing possibilities is not reasonable for us. We do not claim damages for this.

20. Beta and Pre-Release Features

Features that are labelled in the application or in Annex 1 as "Early Access", "Beta", "Vorschau" or "Preview" (pre-release features, Vorabfunktionen) we make available for trial in addition to the scope of the service of your plan and without a separate fee. At the time of the conclusion of the contract no feature is labelled as a pre-release feature. The MCP interface pursuant to Clause 8 was a pre-release feature up to version 1.1 of these AGB; since version 1.2 it belongs to the scope of the service of the Pro and Team plans, and the general provisions apply to it. A feature is a pre-release feature only if it is so labelled; a feature that belongs to the paid scope of your plan we cannot subsequently declare to be a pre-release feature.

Pre-release features can be incomplete, can change or can be discontinued. A discontinuation or material restriction we announce at least 30 days in advance in text form. The discontinuation of a pre-release feature is not a discontinuation of a material feature pursuant to Clause 14.2; your statutory rights, for consumers in particular pursuant to § 327r BGB, remain unaffected. Data that arises exclusively within a pre-release feature and is not part of your content may be lost. Our liability is governed, for pre-release features as well, by Clause 16.

If we take a pre-release feature into the scope of the service of a plan, the general provisions apply from then on; we notify you of this pursuant to Clause 14.

21. Blocking and Extraordinary Termination

If you or your users breach these AGB, in particular Clause 5, or if your use endangers the security or the operation of Klate or the rights of third parties, we may take graduated measures. We choose the measure that appropriately ends the breach and burdens you the least, and in doing so we take into account the severity and the consequences of the breach. The stages are:

a notice of the breach;
the request to remedy the breach within a reasonable period;
the blocking (Sperrung) or removal of the content concerned;
the blocking of access to your account or workspace;
the extraordinary termination of the contract.

A measure of stages 3 to 5 we take, as a rule, only after a notice and a period for remedy have remained unsuccessful. Without a prior notice we may act if the breach is so serious that waiting is not reasonable for us (in particular in the case of content that depicts minors in a sexualised manner, in the case of credible threats, in the case of attacks on Klate or on third parties, in the case of fraud or payment misuse, or upon a judicial or administrative order), or if special circumstances exist which, weighing the interests of both sides, justify the immediate measure (§ 314 Abs. 2 Satz 3 BGB). Breaches of Clause 5 No. 6 or of Clause 7.4 that take effect exclusively outside Klate entitle us to measures of stages 3 to 5 only if the rights of third parties are infringed or the continuation of the contract is for that reason not reasonable for us.

A blocking of your account or workspace (stage 4) and an extraordinary termination (stage 5) we announce to you beforehand in text form to the e-mail address on file, we give reasons for them and give you an opportunity to comment; thereafter we decide anew. Only if, pursuant to the preceding paragraph, waiting is not reasonable for us may we act immediately; we then inform you without undue delay thereafter with reasons and give you an opportunity to comment. About the blocking or removal of a piece of content (stage 3) we inform you at the latest without undue delay thereafter with reasons. Address your comments to abuse@klate.ai or support@klate.ai; we have them reviewed by a human being and lift the measure if its preconditions are not or are no longer met. A blocking lasts no longer than necessary.

If a blocking is based on a breach for which you are answerable, your obligation to pay continues for its duration. If a blocking proves to be unjustified, the fee is reduced for its duration.

Both sides can terminate the contract for good cause without observing a notice period (§ 314 BGB). Good cause exists for us in particular if, despite a notice and a period for remedy, you breach Clause 5 seriously or repeatedly, or if a breach is so serious that the continuation of the contract is not reasonable for us. For you, good cause exists in particular in the cases of Clause 7.7 and in the cases named in Annex 4; your right to terminate free of charge in the event of a change pursuant to Clause 14 continues to exist alongside this. After an extraordinary termination, Clause 23 applies. Fees paid in advance for the time after the ending we refund pro rata; statutory claims for damages on account of an ending for which you are answerable remain unaffected.

Measures on account of outstanding payments are governed solely by Clause 10.5.

22. Force Majeure

Neither side is liable for the non-performance of an obligation under this contract to the extent that the non-performance is based on an event that lies outside its sphere of influence and whose consequences it could not avert even with reasonable care, in particular natural disasters, war, riot, epidemics and pandemics, administrative orders, strikes and lock-outs at third parties as well as attacks by third parties on the infrastructure which could not be repelled even with protective measures corresponding to the state of the art. The obligation to pay for services already rendered remains unaffected by this.

Disruptions at our service providers are not force majeure, unless they are themselves based on such an event.

The affected side informs the other without undue delay in text form about the event and its likely duration and resumes performance as soon as the event ends. If the event lasts longer than 30 days, either side can terminate the contract in text form; fees paid in advance for the time after the ending we refund pro rata.

23. Data Export and Deletion after the End of the Contract

You can retrieve your content at any time (also during the contract and in the free plan) with the export function in the application in a structured, commonly used and machine-readable format. The export contains, ordered by customer records and projects, your designs with all conversation paths and turns, briefs, guidelines, tools, tool providers, subagents, widgets, forms, comments, the version history and the history of your conversations with the assistant as JSON, as well as the uploaded files in the format in which you uploaded them; it does not contain internal audit and security logs, nor, for as long as the block lasts, an uploaded file we have blocked under Clause 21. A directory of the data structures and formats as well as the details on the legal order to which our IT infrastructure is subject and on the measures against unlawful governmental access from third countries we publish at https://klate.ai/legal/datenverordnung. The export is free of charge. In addition, you can retrieve your content via the interface pursuant to Clause 8, to the extent that it is enabled for your workspace.

If you wish to switch to another service or to an environment of your own, we support you: at your request we keep Klate available in unchanged quality after a termination for a transitional period of up to 30 days after the ending and answer questions on the export format at support@klate.ai. For the switch or the ending we charge no fee.

Even without such a request, you have read and export access to your content for at least 30 days after the ending if the contract ends through a termination by us, through a discontinuation pursuant to Clause 14.2, through the ending of the free plan pursuant to Clause 11.1 or through your termination in text form; thereafter we delete the account. If you end the contract yourself by deleting your account, export your content beforehand; before the deletion we point out to you that thereafter no access exists any longer.

After the expiry of the access period (in the case of a deletion by you, immediately) we delete your account and definitively remove the content of your personal workspace and of the team workspaces of which you are the only member from the database. A restoration is no longer possible thereafter. Uploaded files we remove from the object storage in a separate step carried out by hand; no automatic deletion run exists for this. The deletion of an individual design does not remove a file used in it from the file store of your workspace. Backup copies of the database expire after the period named in Clause 13. Entries that serve as evidence or are subject to statutory retention obligations (in particular the audit log and billing-relevant records) are not deleted, but are decoupled from your person or retained for the statutory duration. Content that you have created in a team workspace of another customer remains there. The details of the deletion of personal data are governed by Annex 4.

24. Final Provisions

24.1 Declarations and Text Form

You make declarations relating to this contract in text form or via the function provided for this in the application (Clause 11.3, Clause 12). Declarations to us you can address to support@klate.ai. Declarations to you we address to the e-mail address stored in your account. We do not require a stricter form than text form for your declarations.

Amendments and supplements to this contract should be made in text form. Clause 14 remains unaffected.

24.2 Set-Off and Right of Retention

You can set off against our claims only with claims that are undisputed, ready for decision or established by a final and binding judgment. This does not apply to claims that stand in a reciprocal relationship (Gegenseitigkeitsverhältnis) with our claim, and not to claims arising from the unwinding of this contract, in particular after a withdrawal. You can exercise a right of retention only on account of counterclaims arising from the same contractual relationship. Your right to withhold payment in the case of a defective service remains unaffected.

24.3 Assignment and Transfer of the Contract

You may freely assign claims for payment against us. Other rights under this contract and the contract as a whole you may transfer only with our consent in text form; we do not refuse consent without an objective reason.

We may transfer this contract with all rights and obligations to an affiliated company or to a legal successor who continues Klate. We inform you at least 30 days in advance in text form and name the transferee; you can terminate the contract free of charge up to the time the transfer takes effect, and fees paid in advance for the time thereafter we refund pro rata. The entry of the company in the Handelsregister is not a transfer; the company remains the same.

24.4 Applicable Law

The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only to the extent that you are not thereby deprived of the protection afforded to you by those provisions which cannot be derogated from by agreement under the law of the State in which you have your habitual residence (Art. 6(2) of Regulation (EC) No 593/2008).

24.5 Place of Jurisdiction

This Clause 24.5 applies only if you are a merchant (Kaufmann), a legal person under public law or a special fund under public law. In that case the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Frankfurt am Main. We may also sue you at your general place of jurisdiction. Statutory exclusive places of jurisdiction remain unaffected. For all other customers the statutory places of jurisdiction apply.

24.6 Dispute Resolution

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG). The European platform for online dispute resolution was discontinued on 20 July 2025; a complaint via it is no longer possible. Address complaints to support@klate.ai; we endeavour to reach an amicable solution.

24.7 Severability and Entire Agreement

Should a provision of this contract be or become invalid, the contract remains valid in all other respects. The statutory provisions take the place of the invalid provision (§ 306 Abs. 2 BGB).

These AGB and their annexes contain the complete agreements between you and us on the use of Klate. Individual agreements take precedence over these AGB (§ 305b BGB).

As at: 8 October 2026 · Version 1.5