Terms of Service
Convenience translation of our German Allgemeine Geschäfts- und Nutzungsbedingungen, which are the binding version. They govern Adam, the personal AI assistant by Quilar GmbH, the website agentfabrik.de and the sign-in service auth.agentfabrik.de. For business customers the data processing agreement (German) applies in addition.
1. Provider, scope, definitions
Provider: Quilar GmbH, Am Gulloh 106, 44339 Dortmund, Germany, represented by its managing director Mohamed Aajour, info@quilar.de (see Impressum). These terms apply to all contracts on Adam and to the use of the website, waitlist and sign-in service. A customer concludes the contract; an entrepreneur acts in the course of a trade or profession (section 14 German Civil Code, BGB), a consumer does not (section 13 BGB). Users are the customer and the persons it admits to its instance. The instance is the customer's own Adam installation on a dedicated server. Adam primarily addresses entrepreneurs; consumers may use it too, with the special rules in sections 9(2) and 16 and mandatory consumer law prevailing. Deviating customer terms do not apply; individual agreements take precedence.
2. Service
Adam is a personal AI assistant that helps users organise calendars, e-mails, tasks, contacts and knowledge, summarises information, drafts content and, after the user's approval, performs actions such as sending an e-mail or creating an event. We provide Adam as a hosted service: a dedicated instance on a dedicated server hosted in Germany, the Adam app for iOS and Android, and the central sign-in service for connecting Microsoft and Google accounts. Customers receive no operating-system access and no copy of the software. At onboarding the customer chooses an operating variant for AI processing (Claude models by Anthropic); in both variants the customer contracts for the model itself and we configure Adam for it: "Adam via AWS Bedrock" (recommended, GDPR-compliant variant: pay-as-you-go through Amazon Bedrock in the AWS Europe (Frankfurt, eu-central-1) region in the customer's own AWS account, which we set up as a separately agreed additional service; AWS is the customer's processor under the AWS Data Processing Addendum and bills usage directly), or "Adam via the customer's own Anthropic subscription" (the customer's own contract with Anthropic, processing in the USA; not the variant we classify as GDPR-compliant; the customer assesses suitability itself). The customer is responsible for the existence of the account, compliance with the provider's terms and the costs incurred there; if access lapses Adam cannot generate answers until restored, which is not a defect. Scope, optional modules, quotas and prices follow from the offer or order page. Adam is under continuous development; we may add, change or discontinue functions for a valid reason if the agreed core remains and the change is reasonable; consumers are informed under section 327r BGB.
3. Waitlist, conclusion of contract
The waitlist is non-binding. A contract is concluded when the customer accepts our offer in text form or places an order on the order page and we confirm it in text form or provision the instance. The website presentation is not a binding offer. Order inputs can be reviewed and corrected before submission; the contract text and these terms are sent with the confirmation. Contract language is German. Provisioning takes place within five working days of conclusion (for the AWS Bedrock variant counted from the moment the customer has granted us access to its AWS account); the pairing link for the app is single-use and to be treated like a password.
4. Customer duties
The customer provides accurate information; protects pairing links, credentials and paired devices and reports suspected misuse without delay; uses Adam lawfully and does not process or generate unlawful content or content infringing third-party rights; does not circumvent security measures, overload systems, spread malware, access third-party data without authorisation or send spam; does not use Adam for purposes prohibited under the AI Act (Regulation (EU) 2024/1689) or requiring a high-risk AI system (e.g. decisions on employment, credit, access to essential services, law enforcement) and complies with the usage policies of the AI providers (Anthropic Usage Policy, AWS Acceptable Use Policy); connects only accounts it is entitled to use and observes the account owner's rules for work or school accounts; fulfils its own data-protection duties for third-party data on its instance, including, as an entrepreneur, concluding the data processing agreement; binds its users to these terms; and reviews AI output before use (section 5). In case of serious or repeated violations after a warning we may suspend access until remedied; extraordinary termination remains unaffected.
5. Particularities of an AI assistant
(1) No guarantee of correctness. Adam generates content with large language models. Such content may be incomplete, outdated, biased or wrong even when it sounds convincing. We owe the operation of Adam with the agreed quality, not the correctness, completeness or fitness of individual results. Users review results before using, forwarding or relying on them. (2) No advice. Adam does not replace legal, tax, medical, financial or other professional advice. (3) Approval of actions. Actions with external effect (sending e-mails or messages, creating or changing events, placing calls) are executed only after the user has approved them individually or through a rule the user has set up. With the approval the user assumes responsibility for the action and its content as if performed personally; automated rules are set up with due care and reviewed regularly. (4) Transparency. Users interact with an AI system (Article 50(1) AI Act). Where legally required the user labels Adam-generated texts that are published or passed on as AI-generated (Article 50(4)); Adam supports this with notices. (5) Models and providers. We may replace models and versions if overall capability does not fall below the agreed level; a change of AI provider or operating variant requires the customer's consent unless the previous provider discontinues the service, in which case we inform the customer in advance and grant a special termination right. (6) No training. We do not use customer content to train AI models. AWS states for Amazon Bedrock that inputs and outputs are not used for training and not shared with model providers; for the customer's own Anthropic account the terms agreed between the customer and Anthropic apply (consumer subscriptions may have different training rules that the customer controls in its Anthropic account).
6. Connecting Microsoft and Google accounts
Users may voluntarily connect Microsoft accounts (Outlook.com, Microsoft 365) and, once available, Google accounts (Gmail, Google Calendar) to their instance. The connection is optional; without it the dependent features are unavailable. The user starts the connection in Adam and confirms it by signing in and consenting at the provider. By default only read permissions for calendar and mailbox plus sign-in data are requested; permissions to send e-mail or write to the calendar are requested only if the customer enables the function, and each action additionally requires approval under section 5(3). Tokens are stored encrypted on the customer's instance only; the central sign-in service stores no tokens (see the privacy policy). Use of Google user data is subject to the Google API Services User Data Policy including the Limited Use requirements. Users may disconnect at any time, which deletes the tokens, and may additionally revoke consent at the provider. The provider's terms govern the connected account; we have no influence on availability, scope or changes of the Microsoft and Google interfaces. If an interface or permission is withdrawn, the dependent functions lapse without constituting a defect; if the function is essential to the customer, a special termination right applies.
7. Availability, maintenance, support
We provide Adam with a monthly average availability of 99.0 %, measured at the data-centre egress. Announced maintenance windows, outages of third-party providers (Microsoft, Google, AI providers, carriers), circumstances attributable to the customer and force majeure do not count as downtime. Maintenance and updates are announced at least 24 hours in advance where possible and preferably performed outside business hours (Monday to Friday, 8:00 to 18:00); security updates may be applied at any time. Support is provided by e-mail to info@quilar.de on business days; response times and further service levels apply only if agreed.
8. Fees, payment
The prices agreed at conclusion apply, exclusive of VAT for entrepreneurs and inclusive of VAT for consumers. The monthly fee is due in advance; usage-based charges (e.g. AI usage above a quota, telephony) are billed monthly in arrears and visible in the instance. Invoices are electronic. We may adjust prices with six weeks' notice to the start of a billing period if our operating costs (hosting, AI providers, licences) have changed; the adjustment reflects the cost development. If the price rises by more than 5 % year on year the customer may terminate as of the effective date, as pointed out in the notice. In case of default we may, after a reminder and a reasonable grace period, suspend access until payment; the instance and its data are preserved during suspension.
9. Term, termination
(1) The contract runs for an indefinite period without a minimum term and may be terminated by either party with one month's notice to the end of a month; a different minimum term applies only if expressly agreed in the offer. (2) For consumers an agreed initial term is at most two years; afterwards the contract continues indefinitely and may be terminated at any time with one month's notice (section 309 no. 9 BGB). Once contracts can be concluded on the website, consumers may also terminate there via a termination button (section 312k BGB). (3) Termination for cause remains unaffected; cause exists for us in particular if the customer seriously violates section 4 after a warning or is in arrears with two monthly fees. (4) Terminations require text form (e-mail suffices).
10. Data protection, data after termination
Our privacy policy describes how we process personal data. For entrepreneurs processing personal data of third parties on their instance, the data processing agreement forms part of the contract. The customer remains the owner of all data stored on its instance or imported from connected accounts ("customer data"); we access it only as far as necessary for operation, maintenance, troubleshooting or on the customer's instruction. After termination the customer may retrieve its data for 30 days via Adam's export functions or as a database dump on request. We then delete the instance including all storage; backups are overwritten or deleted no later than 90 days after termination. Connected accounts are disconnected and their tokens deleted at termination; the customer's AWS or Anthropic account remains with the customer and we revoke the permissions we set up for the instance. Statutory retention duties for invoice data remain unaffected.
11. Rights of use, content
For the contract term the customer receives the simple, non-transferable, non-sublicensable right to use Adam for its own purposes within the agreed scope and to install the Adam app on users' devices. Software, the "Adam" brand and website content remain the property of Quilar GmbH or the respective rights holders; reverse engineering is permitted only within sections 69d and 69e German Copyright Act. Customer content remains the customer's; the customer grants us only the rights necessary to provide the service. We grant the customer all rights we hold in content Adam generates for it ("output"); the customer acknowledges that AI output often enjoys no copyright protection, that similar output may be generated for other users and that we do not warrant output to be free of third-party rights.
12. Warranty
Statutory warranty rights of German lease law apply, for consumers sections 327 et seq. BGB on digital products, with the following modifications for entrepreneurs: strict liability for initial defects (section 536a(1) first alternative BGB) is excluded; defects must be notified in text form with a comprehensible description; the limitation period for defect claims is twelve months except in cases of intent, gross negligence and damages under section 13(1). Deviations resulting from AI model output under section 5(1), from rules set up by the customer, from third-party interfaces (section 6) or from non-contractual use are not defects. Features labelled beta or preview are provided free of charge without warranty of availability or freedom from errors and may be changed or discontinued at any time.
13. Liability
(1) We are liable without limitation for injury to life, body or health, for intent and gross negligence, for fraudulent concealment of a defect, under a guarantee we have assumed and under the German Product Liability Act. (2) For slightly negligent breach of a material contractual obligation (an obligation whose fulfilment enables proper performance of the contract in the first place and on whose observance the customer regularly relies) our liability is limited to the typical, foreseeable damage; towards entrepreneurs it is further limited per event to the fees paid in the twelve months preceding the event, but at least EUR 5,000. Otherwise liability for slight negligence is excluded. Towards consumers only the limitation to typical, foreseeable damage applies. (3) We are not liable for damage resulting from the user using output or approving actions contrary to section 5, nor for data loss to the extent it would have been avoided by a backup reasonable for the customer; we back up instance data as described in section 5.6 of the privacy policy. The limitations also apply in favour of our legal representatives and agents. The burden of proof is not altered.
14. Indemnity (entrepreneurs)
An entrepreneur customer indemnifies us against third-party claims arising from users using Adam contrary to sections 4 or 5, including reasonable costs of legal defence, unless the customer is not responsible for the violation. We inform the customer of such claims without delay and coordinate the defence.
15. Confidentiality
Both parties treat the other's confidential information, in particular customer data, trade secrets and non-public technical information, as confidential and use it only to perform the contract, for five years after the end of the contract and indefinitely for trade secrets under the German Trade Secrets Act; publicly known information and legally required disclosures are excepted.
16. Consumer right of withdrawal
Consumers concluding the contract exclusively by means of distance communication have the statutory right to withdraw within fourteen days of the conclusion of the contract without giving reasons (sections 312g, 355 BGB) by an unequivocal statement to Quilar GmbH, Am Gulloh 106, 44339 Dortmund, Germany, info@quilar.de. Sending the notice before the period expires suffices. We refund all payments received within fourteen days of receiving the withdrawal using the original means of payment. If the consumer asked us to start the service during the withdrawal period, the consumer owes a proportionate amount for the services provided up to the withdrawal. The withdrawal right expires once we have fully performed the service, provided we started only after the consumer's express consent and acknowledgement of this consequence (section 356(4) BGB). The binding German instruction and the model withdrawal form are in section 16 of the German terms.
17. Changes to these terms
We may change these terms for a valid reason (changes in law or case law, technical basis, third-party terms or scope of functions) if the change does not unreasonably disadvantage the customer. Changes are announced in text form at least six weeks before taking effect; if the customer does not object by then they are deemed accepted, which we point out together with the right to object. If the customer objects, either party may terminate as of the effective date. The core service and fees cannot be changed by this procedure; section 8 applies to prices.
18. Dispute resolution
The European Commission's online dispute resolution platform was discontinued on 20 July 2025 (Regulation (EU) 2024/3228). We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (section 36 VSBG).
19. Governing law, jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Dortmund.
20. Final provisions
The customer may transfer rights under the contract only with our consent (section 354a HGB unaffected) and may set off only undisputed or finally adjudicated claims. If individual provisions are or become invalid, the remainder stays in force and the statutory provisions apply instead. Questions: info@quilar.de.
Last updated: November 2026