EPCOTEC GmbH General Terms – Special Terms and Conditions for AI Services (AI EPCOTEC)

AI EPCOTEC – an offer of EPCOTEC GmbH · Special Terms supplementing the General Terms and Conditions of EPCOTEC GmbH · As of November 2026 (version 2026-11) · Download PDF (German, binding) · English translation for information only; the German version is legally binding.

§ 1 Provider, scope and order of precedence

(1) The provider is EPCOTEC GmbH, Am Rollefer Berg 56, 52078 Aachen, Germany, represented by its managing director Abolfazl Mashhadi Fini, Local Court (Amtsgericht) Aachen HRB 21634, VAT ID DE315983575, email: ai@epcotec.de ("we").

(2) These Special Terms apply to all AI services we provide under the AI EPCOTEC brand, in particular consultations, one-time builds of AI agents and support packages. In addition, the General Terms and Conditions for Business Customers of EPCOTEC GmbH (as of 28 August 2026, "General EPCOTEC Terms") apply. In the following, "these terms" means these Special Terms.

(2a) Order of precedence: in case of conflict, the following apply in this order: (a) individual agreement or signed contract, (b) our quote or booking confirmation, (c) these Special Terms, (d) the General EPCOTEC Terms. For AI services, these Special Terms take precedence over the General EPCOTEC Terms in particular regarding conclusion of contract, term and cancellation, prices and payment, acceptance, rights of use, AI outputs, data protection and amendments to the terms. Provisions of the General EPCOTEC Terms relating to the delivery of physical goods (e.g. passing of risk, inspection duty under § 377 HGB, retention of title) apply to AI services only where goods are actually delivered.

(3) Our offers are directed exclusively at businesses within the meaning of § 14 German Civil Code (BGB), legal entities under public law and special funds under public law. We do not contract with consumers within the meaning of § 13 BGB. When booking, the customer expressly confirms that it is entering into the contract in the course of its trade, business or profession and states its company name and, where available, its VAT ID. We may request proof of business status and decline bookings without such proof.

(4) Deviating or additional terms of the customer apply only if we expressly agree to them in text form.

§ 2 Conclusion of contract

(1) The presentation of our services on the website is not a binding offer. The contract is concluded when payment via Stripe is completed (consultation, support packages) or when we accept an individual quote in text form (one-time build).

(2) The contract language is German. This English translation is for information only; in case of discrepancies the German version prevails.

§ 3 1:1 consultation (40 minutes)

(1) The 1:1 consultation is a personal 40-minute video call. The price is 180 € incl. 19 % VAT (151.26 € net), payable before choosing the appointment.

(2) Content: we summarize what we built at EPCOTEC, the customer explains their business and wishes, we take down the requirements and propose solutions. No specific result is owed.

(3) The customer may reschedule free of charge up to 24 hours before the start via the link in the confirmation email. If the customer misses an appointment without rescheduling in time or is more than 15 minutes late, the fee remains payable (§ 615 BGB); there is no right to a refund or replacement appointment. The customer may prove that we saved expenses or re-let the slot as a result; to that extent we refund the corresponding amount. If the customer is prevented at short notice for reasons beyond its control (e.g. illness, force majeure), we will offer a replacement appointment where possible.

(4) Credit: If the customer orders a one-time build or a support package within 3 months of the date of the consultation, the consultation fee of 151.26 € net (180 € gross) is credited once against the net amount of the first invoice of that order; VAT is adjusted accordingly. No cash payout or transfer to third parties.

§ 4 One-time build of AI agents

(1) Scope, price, schedule and payment terms of a one-time build are set out in our individual quote.

(2) The one-time build is a contract for work (Werkvertrag). We owe the setup of the agents and automations described in the quote with the functions specified there (agreed quality). A particular factual accuracy of individual AI-generated outputs is not part of the agreed quality (see § 8).

(3) On completion we demonstrate functionality to the customer and request acceptance. Acceptance is deemed given unless the customer notifies at least one material defect in text form within 14 days of receiving the request; we point out this consequence in the request. Productive use counts as acceptance.

(4) In case of defects we first provide subsequent performance by repair or re-performance at our choice. If subsequent performance fails, the customer may reduce the price or withdraw in accordance with statutory law; damages are governed by § 9. Claims for defects become time-barred 12 months after acceptance; this does not apply in the cases of § 9(1) or where a defect was fraudulently concealed.

§ 5 Support packages

(1) Packages: 1, 2 or 4 hours of support per week at 297 €, 497 € or 897 € net per month (plus 19 % VAT: 353.43 €, 591.43 € or 1,067.43 € gross). Services include in particular a weekly support video call, adapting and maintaining agents and automations, prompt and workflow updates, and email support.

(2) Monthly billing: The minimum term is 6 months from the start of the contract (date of first payment). A billing month is the period of one month from the start of the contract or from the last renewal date. The contract may be cancelled with 14 days' notice to the end of the minimum term. If not cancelled, it renews by one billing month at a time and may then be cancelled with 14 days' notice to the end of the respective billing month.

(3) Annual prepayment: term 12 months; the price equals 10 monthly fees (2,970 €, 4,970 € or 8,970 € net, plus 19 % VAT: 3,534.30 €, 5,914.30 € or 10,674.30 € gross). The contract renews for a further 12 months unless cancelled with one month's notice to the end of the term. We remind the customer in text form of the upcoming renewal no later than 6 weeks before the end of the term.

(4) Cancellations must be in text form (an email to ai@epcotec.de is sufficient). The right to terminate for good cause remains unaffected.

(5) Unused hours: The hour allowance relates to the respective calendar week and is reserved for the customer. If the customer does not use all or part of the allowance, the unused hours expire at the end of the week and are neither carried over nor refunded. If the customer cancels a session at least 24 hours in advance, the hours may be made up within the following two weeks. If a session does not take place for reasons not attributable to the customer (including our absence or public holidays), we offer a replacement session.

(6) Upgrading to a larger package is possible at any time from the next billing period; downgrading only after the minimum term or annual term has ended. An upgrade does not start a new minimum term.

§ 6 Prices and payment

(1) All prices are net plus statutory VAT unless shown as gross prices.

(2) Payment is made via the payment provider Stripe using the payment methods offered there. Monthly fees are due monthly in advance, annual fees annually in advance. Invoices are sent by email.

(3) In case of late payment we may suspend services after prior notice until payment is made; the payment obligation remains.

(4) The customer may only set off claims that are undisputed, finally established by a court, or arise from the same contractual relationship. The customer may exercise a right of retention only for claims arising from the same contractual relationship.

§ 7 Customer cooperation

(1) The customer provides the necessary information, access (e.g. to email, CRM, telephony or social media accounts) and contact persons in good time and attends agreed appointments.

(2) The customer is responsible for being entitled to use the data, content and accounts provided and for obtaining any required consents (e.g. for marketing calls or email marketing).

(3) Costs of third-party services (e.g. AI models, telephony, software licences) are borne by the customer unless agreed otherwise.

(4) Delays caused by lack of cooperation are not our responsibility.

(5) Where the customer uses agents that communicate with third parties (e.g. phone or chat agents), it ensures that such third parties are informed in accordance with Art. 50 of the AI Act and other applicable law that they are interacting with an AI system, and that calls are recorded only with consent. The customer indemnifies us against third-party claims based on a breach of these obligations or of § 7(2), to the extent the customer is responsible for the breach.

§ 8 AI outputs and approval

(1) Our solutions use AI technologies (including third-party language models). AI-generated content and suggestions are probability-based and may be incorrect, incomplete or unsuitable even if properly set up. We owe the agreed functionality of the solution, not the factual accuracy of every single AI output.

(2) The customer reviews AI outputs before use and approves outgoing messages, calls and other externally effective actions itself ("AI prepares, a human decides"), unless automatic execution has been expressly agreed. Responsibility for the use of approved outputs lies with the customer.

(3) Our liability for defects in the setup and for our own breaches of duty under §§ 4 and 9 remains unaffected.

§ 9 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.

(2) For slightly negligent breach of an essential contractual obligation (cardinal obligation) whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, our liability is limited to the typical, foreseeable damage.

(3) Otherwise, liability for slight negligence is excluded.

(4) These limitations also apply in favour of our employees, representatives and vicarious agents.

(5) We are liable for loss of data only to the extent the damage would also have occurred if the customer had made proper backups in line with the state of the art.

§ 10 Rights to results

(1) Upon full payment of the respective fee, the customer receives a simple, non-transferable right, unlimited in time and territory, to use and modify the configurations, prompts and workflows created for it for its own business purposes. Until then, use is only permitted on a revocable basis; we will revoke it only in case of payment default.

(2) Our general know-how and our templates, libraries and tools remain ours. To the extent they are embedded in the results, the customer receives a simple right of use to the extent of para. 1.

(3) Terms of use of third-party providers (e.g. AI models, telephony, software) remain unaffected; the customer concludes the necessary contracts itself unless agreed otherwise.

§ 11 Data protection and confidentiality

(1) Information on the processing of personal data can be found in our privacy policy. Where we process personal data on behalf of the customer as part of a build or support, the parties conclude our data processing agreement under Art. 28 GDPR (available on request via ai@epcotec.de) before such processing starts; it contains the technical and organisational measures and the list of sub-processors used. We do not start processing without a concluded data processing agreement.

(2) Both parties treat confidential information of the other party as confidential.

§ 12 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is Aachen, provided the customer is a merchant, a legal entity under public law or a special fund under public law. We may also sue at the customer's general place of jurisdiction.

(3) If any provision is invalid, the validity of the remaining provisions is unaffected.

(4) We may amend these terms with effect for ongoing contracts only where this is necessary due to changes in law, case law, regulatory requirements, changes at third-party providers used (e.g. AI models, payment providers) or to close gaps that arose later, and only if the balance between performance and consideration is not shifted to the customer's disadvantage. Changes to the main services, prices and terms require express agreement. We notify changes in text form at least 6 weeks before they take effect and point out the amended provisions. If the customer does not object in text form within this period, the changes are deemed accepted; we point out this consequence, the right to object and the deadline separately in the notice. If the customer objects, the previous terms continue to apply; either party may then terminate the contract with 14 days' notice effective as of the date the change would take effect.