Terms of Service

Draft 0.4 · 2026-09-17 · final review by IT counsel pending before public launch

1. Parties

"Mignuti Chatbot" = Mignuti Media — Eduard Ditler, Germany. "Customer" = the business entity that registers a Mignuti Chatbot account. The service is offered exclusively to businesses (§ 14 German Civil Code); consumers are excluded. By registering, the Customer confirms that they are acting in a business capacity.

Conclusion of contract. The contract for the free trial is concluded when registration is completed and these terms are accepted. A paid plan is booked on completion of the checkout; the Customer immediately receives an order confirmation in text form stating plan, price, term and how to cancel. These terms apply exclusively; the Customer's own terms become part of the contract only if Mignuti Chatbot agrees to them in text form.

2. Service

Mignuti Chatbot provides an AI chatbot-as-a-service platform: PDF ingestion, URL crawling, retrieval-augmented generation, an embeddable widget, analytics and an API. The scope of service follows the selected plan (see pricing).

No training. Mignuti Chatbot does not train AI models on the Customer's knowledge base or conversations. The model providers used process requests only to generate the respective answer and are contractually barred from using them for training (see the subprocessor list).

Further development. Mignuti Chatbot may develop the scope of functions further as long as the main purpose of the contract is preserved. Material restrictions are announced in text form at least four weeks in advance; if the service thereby deteriorates significantly for the Customer, the Customer may terminate with effect from the date the change takes effect.

3. AI hallucinations — disclaimer and liability cap

Answers generated by AI models can be incorrect, incomplete or misleading. Mignuti Chatbot does not warrant factual accuracy. The Customer is solely responsible for:

• (a) the content they feed into the knowledge base (PDFs, URLs, prompts),
• (b) verifying AI-generated answers before relying on them in business,
• (c) informing their end users via the non-disableable AI disclosure banner pursuant to Art. 50 EU AI Act,
• (d) providing a handover-to-human option for sensitive requests.

Liability cap. Mignuti Chatbot's liability for damage arising from AI-generated content, outages or other breaches of contract is limited to the net fees paid by the Customer to Mignuti Chatbot in the twelve months preceding the event causing the damage, and in any case to EUR 10,000 per incident and EUR 25,000 per calendar year.

Liability is unlimited in cases of intent, gross negligence, fraudulent concealment of defects, injury to life, body or health, and for claims under the German Product Liability Act. For slight negligence, Mignuti Chatbot is liable only for breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for this type of contract.

4. Prohibited use cases

The service must NOT be used for:

• Medical advice, diagnosis or treatment recommendations (§ 203 StGB, MPG, HWG).
• Legal advice reserved to admitted lawyers (§ 2 RDG).
• Tax or financial advice requiring authorisation under StBerG or by BaFin.
• Automated decisions producing legal effects or similarly significant effects (Art. 22 GDPR) without separate human oversight (Art. 14 EU AI Act).
• High-risk AI use cases under Annex III of the EU AI Act (HR decisions, creditworthiness assessment, critical infrastructure, emergency routing).
• Content violating §§ 86, 130, 184 StGB or other criminal statutes.
• Products for children without age verification where access by persons under 16 is to be expected (Art. 8 GDPR).
• Practices prohibited under Art. 5 EU AI Act — such as emotion recognition in the workplace or in educational institutions, biometric categorisation by sensitive characteristics, social scoring (details in the AI disclosure).

Breaches of this clause entitle Mignuti Chatbot to suspend the account immediately without refund of fees already paid, and trigger the indemnity under clause 9.

5. EU AI Act obligations (Art. 50 transparency, contractually secured)

Mignuti Chatbot operates a general-purpose AI system. Under Art. 50 EU AI Act, end users must be informed that they are interacting with an AI. The Customer undertakes:

• not to modify, hide, override via CSS or disable the AI disclosure banner in the widget. Any form of concealment constitutes a material breach of contract.
• Mignuti Chatbot is entitled to run technical integrity checks on the widget rendering. Where manipulation of the disclosure banner is established, Mignuti Chatbot may terminate the account for cause after a warning with a seven-day cure period.
• to offer end users a handover-to-human option where they expressly ask for a human contact (Art. 14 EU AI Act, human oversight).
• to maintain a privacy policy on their own website disclosing the use of AI, Mignuti Chatbot's status as a processor, and the retention policy.

6. Term and termination

Monthly billing or annual subscription, at the Customer's choice. Termination takes effect at the end of the current billing period, via the billing view when logged in or via Cancel your contract here without a login. Every termination is confirmed in text form, stating the time of receipt and the contract end date. Mignuti Chatbot may terminate for cause in the event of: payment default of more than 14 days after a reminder, breach of clause 4 or 5, abuse (rate-limit violations on ten or more occasions within 24 hours), or legal orders.

Data after the end of the contract. When a paid plan ends, access continues within the free tier; knowledge base, conversations and settings are retained. The Customer can export their data from the dashboard at any time and delete the organisation themselves. A requested deletion becomes final 30 days after the request; there is no access thereafter. Retention periods for individual data categories are set out in the DPA.

7. Fees and overage

Fees follow the pricing overview in force at the time the contract is concluded (pricing); Enterprise terms by individual offer. All prices are net, plus statutory VAT. Usage beyond the agreed message limit is billed on the terms stated there and is capped at three times the plan limit (hard cap; beyond it, HTTP 402 Payment Required). The Customer may set a stricter hard cap without overage in the dashboard.

8. Data processing agreement

Concluded automatically upon registration — see DPA. The Customer is the controller, Mignuti Chatbot is the processor (Art. 28 GDPR).

9. Indemnification

The Customer indemnifies Mignuti Chatbot against all third-party claims arising from: (a) unlawful content in the knowledge base, (b) missing rights of use in uploaded documents (copyright, trade mark law), (c) use of the service contrary to clause 4 or 5, (d) breach of information duties towards end users (GDPR, UWG, EU AI Act). The indemnity covers necessary costs of legal defence.

9a. Use for the Customer's own clients, white-label

Within the limits of their plan, the Customer may also use the service on websites of their own clients. Towards those clients the Customer alone is the contracting party; the Customer passes on the obligations under clauses 3 to 5 and 9 and remains responsible to Mignuti Chatbot for their compliance. The "Powered by Mignuti Chatbot" badge may be removed only on plans where the plan overview provides for it; operation under the Customer's own domain (white-label) is reserved to the Enterprise plan. Reselling the service as a product of the Customer's own beyond these limits requires a separate agreement.

10. WhatsApp channel

(1) Setup. The WhatsApp channel runs on the WhatsApp Business Platform of Meta Platforms Ireland Ltd. Mignuti Chatbot registers the Customer's phone number in its own Meta business portfolio and administers the associated WhatsApp Business Account (WABA) for the Customer.

(2) Phone number. The Customer provides the number and remains its holder; Mignuti Chatbot acquires no rights in it and registers it with Meta solely to operate the channel. Where Mignuti Chatbot exceptionally procures a number by separate agreement, that number belongs to Mignuti Chatbot; a claim to transfer then exists only where separately agreed.

(3) Release at the end of the contract. A number provided by the Customer is released within ten working days of the end of the contract by removing it from the WABA. At the Customer's request, Mignuti Chatbot will instead assist in transferring the number or the WABA to a Meta business portfolio named by the Customer, provided the Customer names a portfolio able to receive it and performs the steps Meta requires.

(4) Limits of this undertaking. Release and transfer follow Meta's rules as they stand from time to time. Mignuti Chatbot owes best efforts, not success, and is not liable for delays or refusals by Meta.

(5) Costs. Assistance under paragraph 3 is provided once, free of charge. Further or repeated assistance may be charged on a time basis.

(6) Customer inaction. If the Customer does not request release within three months of the end of the contract, Mignuti Chatbot may remove the number and delete the WABA. Mignuti Chatbot will send one reminder in text form beforehand.

(7) Channel limitation. WhatsApp permits free-form replies only within 24 hours of the end user's last message. The channel is therefore purely reactive; there is no claim to proactive outreach by the bot.

(8) Sub-processor. Meta Platforms Ireland Ltd. is a sub-processor within the meaning of clause 8; the sub-processor list applies accordingly.

11. Governing law and jurisdiction

German law applies. The exclusive place of jurisdiction for merchants is the registered place of business of Mignuti Chatbot in Germany (Lahnstein). The UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of German private international law are excluded.

12. Changes to these terms

Mignuti Chatbot may amend these terms on 30 days' notice by email, provided the amendment is reasonable in good faith; the notice will separately point out the amendment, the right to object and the consequences. If the Customer does not object before the amendment takes effect, the amended terms apply. If the Customer objects, the previous terms continue to apply until the end of the current billing period, and either party may terminate the contract with effect from that date. On annual contracts the Customer may instead terminate for cause before the amendment takes effect and is refunded prepaid fees for the remaining term pro rata.

13. Language

This English text is a translation for convenience. In the event of discrepancies, the German version at chatbot.mignuti.com/rechtliches/agb prevails.

These terms are a qualified draft. The final version will be reviewed and released by admitted IT counsel before public launch.