Terms of Service

<p>Last update: 01.01.2026</p>
<p>These terms describe the use of empirio.ai. Please read them carefully before using our services.</p>

I Scope of application

<p>1. These terms and conditions of Empirio UG (haftungsbeschränkt) - hereinafter referred to as "service provider" or "empirio" - apply to all contracts that the customer concludes with the service provider with regard to the services offered by the service provider on the <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a> website. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed or the exclusion of the customer's own terms and conditions is inadmissible.</p><p>2. Customers within the meaning of section I. 1 are consumers or entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.</p>

II Subject of the contract & Scope of Services

<p>1. On the website&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a>, the customer can create an individual survey using the software tools provided there by the service provider, based on the data entered by the customer. Entering the data and subsequently creating a survey are free of charge. However, the functionality of the platform and the number of responses may be limited.<br>If the customer requires additional features or responses, registration on the website&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a>&nbsp;by entering the customer’s personal address details is required. Registration is free of charge. For additional features and responses, empirio offers various plans (e.g. Lite, Plus and Pro) with different scopes of functionality and response quotas.<br>Customers may choose—where offered by empirio—between a monthly or annual contract term. For contracts with a monthly term, billing is carried out on a monthly basis. For contracts with an annual term, the remuneration for the respective contract period is due in advance as a lump sum and is settled upon payment. An upgrade from a shorter to a longer contract term (e.g. from a monthly to an annual contract) takes effect immediately. A downgrade from a longer to a shorter contract term (e.g. from an annual to a monthly contract) only takes effect after the end of the current contract period. Reference is made to our packages and prices at&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="https://www.empirio.ai/pricing/">https://www.empirio.ai/pricing/</a>.</p><p>2. A free-of-charge contract with the service provider via the website&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a>&nbsp;for the creation of a survey is concluded at the latest upon activation of the “Create survey” button or a comparable button. A paid contract (“Premium Membership”) is concluded in accordance with Section 312j of the German Civil Code (BGB) by activating the “Subscribe and Pay” button or a comparable button.</p><p>3. Registration on the website&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a>&nbsp;is carried out via email using a largely automated process. The customer must ensure that the email address provided during registration is correct in order to receive emails sent by the service provider to the customer’s address. If the customer uses a spam filter, they must ensure that all emails sent by the service provider or by third parties commissioned by the service provider to process orders can be delivered without error. Otherwise, registration and the use of paid services on the website&nbsp;<a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://www.empirio.ai">www.empirio.ai</a>&nbsp;will not be possible.</p><p>4. empirio reserves the right to offer paid additional features to customers on a trial basis. These features are marked accordingly on the website with a diamond symbol or a similar indication. During this phase, the customer may use the software tools to their full extent. Please note that the additional features will require a paid contract from a certain point in time. This point in time will be communicated to the customer. After that, the customer may independently add the desired package or remove the paid additional features from the survey or the account.</p><p>5. If the response quota included in the plan selected by the customer is exceeded, additional responses will be stored in empirio’s database but will not be displayed to the customer in the analysis. Once a sufficient response quota has been booked, the responses will be displayed to the customer. The response quota is reset at regular intervals. For free memberships, the quota is updated monthly depending on the registration date. For paid memberships, the monthly update is based on the purchase date.</p><p>6.&nbsp;Unless expressly agreed otherwise, plan upgrades and downgrades take effect immediately. Upon a change of plan, a new contractual term begins. The billing cycle remains unchanged. In the case of downgrades, any prorated amount will be credited in the subsequent billing period. In the case of upgrades, any prorated amount becomes due immediately. The Customer must manually re-add any desired packages. The specific payment terms and contractual conditions are described in detail during the booking process.</p><p>7. empirio reserves the right to further develop, modify or replace features, provided that the essential purpose of the contract is not adversely affected.</p>

III Right of cancellation, return costs when exercising the right of cancellation

<p><strong>1. Right of cancellation</strong></p><p>The customer, who is a consumer within the meaning of § 13 BGB, can cancel the contract in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The cancellation period begins after receipt of this instruction in text form, but not before conclusion of the contract. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation is to be sent to:</p><p><strong>Empirio UG (haftungsbeschränkt)</strong></p><p>Deisterstraße 20<br>31785 Hameln<br>E-Mail: <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="mailto:info@empirio.ai">info@empirio.ai</a></p><p></p><p><strong>2. Consequences of cancellation</strong></p><p>In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the customer is unable to return the service received in full or in part or only in a deteriorated condition, the customer must compensate the service provider for the loss in value.</p><p>If the customer cancels the contract, the service provider must reimburse the customer for all payments that the service provider has received from the customer, including any delivery costs, immediately and at the latest within fourteen days of the day on which the service provider receives notification of your cancellation of this contract. For this repayment, the service provider shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged any fees for this repayment. The service provider may refuse repayment until it has received the goods back or the customer has provided proof that they have returned the goods, whichever is the earliest.</p><p></p><p><strong>3. Special notes on the right of cancellation</strong></p><p>The customer's right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at the express request of the customer before the customer has exercised his right of cancellation.</p><p>End of the cancellation policy</p>

IV Prices and terms of payment

<p>1. The prices stated by the service provider are final prices, i.e. they include all price components, including any applicable statutory value-added tax (VAT). Any additional costs incurred will be stated separately in the respective product offer.</p><p>2. Payment for the services of the service provider may be made via PayPal, by credit card (VISA and Mastercard) and—depending on the customer’s place of residence—by additional payment methods.</p>

V Liability for defects

<p>1. The statutory liability for defects in quality and title shall apply.</p><p>2. The service provider shall be liable without limitation in cases of intent or gross negligence, for injury to life, body or health, and in accordance with the provisions of the Product Liability Act.</p><p>3. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (a “cardinal obligation”), the service provider’s liability shall be limited to the damage that is foreseeable and typical for the type of transaction in question.</p><p>4. Any further liability of the service provider is excluded. In particular, the service provider shall not be liable for loss of profit, indirect damages, or consequential damages (in particular “consequential” or “incidental damages”), to the extent permitted by law.</p><p>5. Towards entrepreneurs, liability is limited per contract year to the remuneration paid by the customer. Towards consumers, this limitation of liability shall apply only to the extent permitted by law.</p>

VI Applicable law

<p>1. The law of the Federal Republic of Germany shall apply to all legal relationships between the service provider and the buyer, excluding the laws on the international sale of goods (UN Convention on Contracts for the International Sale of Goods). In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.</p><p>2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the service provider. The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is filed. This shall not affect the right to appeal to the court at another legal place of jurisdiction.</p>

VII Non-inclusion, ineffectiveness

<p>Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The legal consequences in the event of non-inclusion or (partial) invalidity shall be governed by the statutory provisions.</p>

VIII User Obligations and Prohibited Content

<p>The customer is solely responsible for the content created by them using the software (including surveys, texts and images). The customer warrants that such content does not violate applicable law, public morals, or the rights of third parties, in particular intellectual property rights, trademark rights or personal rights.</p><p>The use of the platform for the following purposes is prohibited:</p><p>a) Distribution of unlawful, discriminatory, racist or pornographic content.<br>b) Sending spam or unsolicited advertising.<br>c) Requesting or processing highly sensitive data (e.g. passwords, health data or financial data) without implementing the necessary security measures and obtaining the required consents.</p><p>The customer shall indemnify and hold harmless the service provider from all third-party claims asserted against the service provider as a result of a breach of the aforementioned obligations, including reasonable costs of legal defense.</p>

IX Special Conditions for AI-Based Services

<p>1. Within the scope of the platform, empirio offers features that are created using third-party artificial intelligence (AI) systems (e.g. OpenAI).</p><p>2. The service provider does not warrant the correctness, accuracy, completeness or suitability of the results generated by AI. The customer acknowledges that AI systems are an evolving technology and may produce incorrect or incomplete outputs.</p><p>3. empirio reserves the right to modify, deactivate or restrict access to AI features at any time.</p><p>4. The customer is obliged to independently review the generated results before any further use. Any use of AI features is additionally subject to the terms of use and policies of the respective AI provider (e.g. OpenAI Usage Policies).</p><p>5. empirio shall not be liable for any damages resulting from the use of AI-generated outputs or from the temporary unavailability of such features.</p><p>6. The customer remains solely responsible at all times for the content entered, uploaded or processed by them, as well as for its legal permissibility, in particular with regard to data protection, copyright and personal rights. The customer ensures that they are entitled to have the relevant data processed within the scope of the AI features.&nbsp;</p><p>7. The input of sensitive personal data (e.g. health data, biometric data) or confidential business secrets into the AI tools is prohibited. The platform is not technically designed to process such categories of data. If data is entered in violation of this prohibition, the customer acts at their own risk; the service provider assumes no liability for any resulting damages or data protection violations.</p><p>8. To the extent that personal data is processed in the course of using AI features, such processing shall take place exclusively on the basis of the data processing agreement and the privacy policy. The data entered or processed by the customer shall not be used for training, improving or further developing AI models.</p>

X Customer information

<p><strong>1. Information on the identity of the service provider</strong></p><p><strong>Empirio UG (haftungsbeschränkt)</strong><br>Deisterstraße 20<br>31785 Hameln</p><p><strong>Contact:</strong><br>E-Mail: <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="mailto:info@empirio.ai">info@empirio.ai</a></p><p><strong>Management:</strong> Marvin Depping, Marco Warzecha</p><p><strong>Register court:</strong> Hannover local court<br><strong>Register number: </strong>HRB 217 891<br><strong>VAT-ID:</strong> DE323294297</p><p></p><p><strong>2. Information on the technical means of recognising and correcting input errors</strong></p><p>The customer can recognise, check and correct his entries in all procedures mentioned in these GTC as follows: The customer can correct his entries before submitting his order using the technical means provided by his input device (PC, smartphone, tablet, etc. ). Corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields. If the customer wishes to correct their entries, they can do so by going back to the Editor. These corrections can then be made again using the usual keyboard and mouse functions directly on the respective page of the <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="http://empirio.ai">empirio.ai</a> offer page in the corresponding input fields.</p><p></p><p><strong>3. Information on the languages available for the conclusion of the contract</strong></p><p>The German version of the Terms and Conditions is legally binding. Translations are provided for informational purposes only.</p><p></p><p><strong>4. Information on codes of conduct to which the service provider has subjected itself</strong></p><p>The service provider has not signed up to any code of conduct.</p><p></p><p><strong>5. Information on data protection</strong></p><p>We refer in this respect to our privacy policy at <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="https://www.empirio.ai/privacy-policy">https://www.empirio.ai/privacy-policy</a></p><p>For companies, an additional <a target="_blank" rel="noopener noreferrer nofollow" class="text-primary underline" href="https://www.empirio.ai/legal/DPA_012026.pdf">Data Processing Agreement (DPA)</a> pursuant to Art. 28 GDPR applies.</p><p></p><p>End of the terms and conditions of Empirio UG (haftungsbeschränkt)</p>