Terms of Service (ToS) for KIsy
Status: May 2026
Important Notices in Plain Language
This summary explains the most important rules for KIsy. The detailed legal regulations are set out below. In the event of any contradictions, the detailed regulations shall prevail, provided that mandatory statutory rights of consumers do not conflict with this.
KIsy is an AI-supported learning, practice, idea, and reflection aid. KIsy is not a human and not a professional.
The coaches provided by KIsy are AI systems. They can make mistakes. Answers may be incorrect, incomplete, misleading, outdated, or unsuitable for your specific situation.
KIsy does not replace a doctor, therapist, legal advisor, mechanic, teacher, supervisor, or any other qualified professional.
Do not use answers from KIsy as the sole or primary basis for real-world actions or decisions if health, safety, mental health, significant material assets, the rights of others, or legal obligations could be affected.
In the event of emergencies, acute danger, violence, danger to oneself or others, severe bullying situations, or medical or psychological crises, you must immediately contact a trusted adult, professional help, a responsible counseling center, or emergency services.
Cooking, crafting, handicrafts, and similar everyday topics may only be used in an age-appropriate manner and with common sense. Always observe manufacturer instructions, safety rules, hygiene, allergies, protective clothing, and, in the case of children, adult supervision.
Children and adolescents aged 10 and older may only use KIsy if a legal guardian has permitted it and an adult account holder has set up, approved, or paid for the account.
The adult account holder is our contracting partner and must ensure that KIsy is used via their account solely in a contractually compliant, age-appropriate, and safe manner.
Mandatory statutory rights, particularly consumer rights, rights regarding digital products, claims for injury to life, body, or health, and rights under product liability law, remain unaffected.
1. Scope of Application and Definitions
1. These Terms of Service govern the use of the "KIsy" web application, as well as all related digital content, features, and services according to the current offering.
2. The provider of the service is KIsy Coaching GmbH, Am Dornbusch 17, 37297 Berkatal, Hesse, Germany, E-Mail: info (at) kisy.io, hereinafter referred to as "KIsy", "we", or "us".
3. These Terms of Service apply to all contracts between KIsy and the users of the service. Where the service is offered to consumers in the European Economic Area (EEA) or Switzerland, these Terms of Service apply in addition to the respective mandatory consumer protection regulations applicable.
4. Deviating terms and conditions of the user only apply if we have explicitly agreed to their validity in text form.
5. "Account Holder" is the adult person who creates, manages, approves a user account, or concludes a paid subscription.
6. "User" is any natural person who uses KIsy, regardless of whether they are the Account Holder themselves or use KIsy with the permission of the Account Holder.
7. "Minor Users" are users who have not yet reached the age of 18.
8. "Coach" or "AI Coach" refers to an AI-supported role, persona, function, category, or thematic environment provided within KIsy. Coach designations and descriptions are for orientation purposes. They do not imply that a human professional is involved or that outputs have been professionally verified.
9. "Outputs" are all texts, suggestions, explanations, exercises, dialogues, recommendations, examples, plans, checklists, recipes, crafting ideas, reflection questions, or other content generated by KIsy.
10. Insofar as these Terms of Service regulate obligations of the Account Holder, these also apply to the use by minors or other persons to whom the Account Holder grants access to their account, to the extent legally permissible.
2. Description of the Service, Intended Purpose, and Safety Boundaries
1. KIsy is a digital, AI-supported learning, practice, idea, explanation, and reflection service. KIsy can assist users in understanding general content, structuring questions, simulating examples, conducting learning and practice dialogues, developing ideas, and preparing for conversations with humans or professionals.
2. KIsy and the provided Coaches are not intended to replace human professionals, professional advice, personal supervision, human responsibility, or binding decisions. This applies regardless of how a Coach is designated or described.
3. KIsy may contain everyday learning and idea suggestions, for example regarding cooking, crafting, learning, communication, conflict reflection, or creative projects. Such content is intended as general inspiration and a learning aid. It does not constitute a guarantee that a specific action is safe, suitable, legally permissible, or technically correct in individual cases.
4. KIsy is not intended to be used as the sole or primary basis for real-world actions, decisions, or omissions in safety-critical, health-related, psychological, legal, financial, technical, manual, structural, traffic-related, food-related, or otherwise professionally regulated areas.
5. "Safety-critical or professionally regulated areas" are all areas in which incorrect, incomplete, misleading, outdated, or incorrectly applied information can lead to injuries to life, body, health, mental health, freedom, property, significant material assets, rights of third parties, or violations of legal, technical, or professional obligations. These areas include in particular, but are not limited to: medicine, psychology, psychotherapy, nutrition regarding illnesses, allergies, pregnancy, childcare and caregiving, pharmaceuticals, dietary supplements, dosages, vehicle repair, vehicle maintenance, brakes, steering, tires, airbags, electronics, work involving electricity, gas, water, fire, chemicals, machinery, tools, structures, load-bearing constructions, mold, hazardous substances, food safety, mushrooms, preservation, fermentation, legal, tax, financial, insurance-related, or official matters, as well as situations involving violence, bullying, self-harm, harm to others, or acute crisis.
6. Within the areas mentioned in paragraph 5, Outputs from KIsy may solely be used for general understanding, theoretical classification, preparation of one's own questions, reflection, or as a basis for discussion. They do not constitute instructions for actual execution, professional clearance, diagnosis, treatment, expert opinion, safety inspection, or binding recommendation.
7. The implementation, application, or dissemination of KIsy Outputs in the real world is only permitted if the user independently verifies the Output using reliable sources and the implementation corresponds to their age, experience, qualification, and the specific situation. If there is a risk to life, body, health, mental health, significant material assets, third-party rights, or legal obligations, the implementation may only take place after verification and approval by a qualified, authorized, and responsible adult or professional for this purpose.
8. Legal requirements, manufacturer instructions, operating manuals, warning notices, safety data sheets, food labeling, allergy warnings, technical standards, official information, school rules, house rules, and professional instructions from qualified persons always take precedence over Outputs from KIsy.
9. For cooking and food, the following additionally applies: KIsy can provide recipe ideas and general guidance. KIsy does not replace hygiene, allergy, nutritional, medical, or food safety checks. Users must particularly observe ingredient labeling, allergies, intolerances, shelf life, cooling, cooking, hygiene, kitchen appliances, knives, heat, fire, and age-appropriate supervision.
10. For crafting, handicrafts, and creative projects, the following additionally applies: KIsy can provide ideas and general explanations. KIsy does not replace supervision, safety briefings, manufacturer instructions, workshop manuals, or professional expertise. Work involving sharp tools, hot glue, fire, electricity, chemicals, machinery, heavy objects, load-bearing parts, or other sources of danger may only be carried out by minors under appropriate adult supervision and only after safety has been verified.
11. For bullying, conflicts, and psychological topics, the following additionally applies: KIsy can support with reflection, phrasing assistance, perspective-taking, and preparation for conversations. KIsy does not replace therapy, crisis intervention, legal advice, school social work, mediation, medical, or psychological help. In cases of acute danger, violence, extortion, danger to oneself or others, severe psychological distress, or escalating bullying, users must immediately contact a trusted adult, professional help, a counseling center, school, police, or emergency services.
12. KIsy is not intended for emergencies, crisis situations, or acute danger. In such cases, KIsy must not be used as the primary or sole source of help.
13. AI-generated Outputs may be incomplete, inaccurate, misleading, outdated, unsuitable, or dangerous. KIsy assumes no guarantee for the technical accuracy, completeness, topicality, safety, legal permissibility, or suitability of individual Outputs for a specific purpose. Mandatory statutory rights remain unaffected.
14. KIsy does not owe any human verification of each individual Output, unless this is explicitly agreed upon or mandatory law dictates otherwise.
15. KIsy indicates within the product that users are interacting with an AI system and not with a human being. Users must not interpret Coach designations, profile descriptions, avatars, conversational style, or other design elements to mean that a human professional has verified or approved the Output.
16. The Intended Purpose and safety boundaries of this Section 2 apply to all present and future Coaches, models, features, thematic areas, product versions, extensions, and interfaces of KIsy, even if they were not offered at the time the contract was concluded.
3. Registration, User Account, Minors, and Responsibility of the Account Holder
1. The registration of an account and the conclusion of paid services are only permitted for persons of legal age who have unrestricted legal capacity.
2. KIsy is aimed as an educational offering at users aged 10 and above. Minors may only use KIsy if a legal guardian has previously permitted the use and the account was set up, managed, paid for, or explicitly approved by an adult person.
3. The contracting partner for paid services is exclusively the adult Account Holder who creates, manages the account, or concluded the subscription. During registration or ordering, the Account Holder confirms that they are of legal age and concluding the contract in their own name.
4. The Account Holder is obligated to ensure that minors only use KIsy in an age-appropriate manner, in accordance with these Terms of Service, and under appropriate supervision. The type and intensity of supervision depend in particular on the age, maturity, experience, specific Coach, topic, risk level of the request, and potential implementation in the real world.
5. The Account Holder is obligated to inform minors prior to use in an age-appropriate manner that KIsy is an AI, can make mistakes, does not replace a human professional, and is not intended for emergencies or independent safety-critical actions.
6. Minors must not use Outputs from KIsy independently as a basis for real-world safety-critical actions. This applies in particular to cooking with heat or sharp objects, crafting with tools, technical work, repairs, work involving electricity, gas, fire, chemicals, machinery, vehicles, health-related decisions, psychological crises, bullying escalations, or other hazardous situations.
7. The Account Holder is obligated to keep access data secret, prevent unauthorized use, and regularly monitor the use of their account if minors or other persons are granted access.
8. Uses, inputs, orders, and contractual breaches that occur via the account of the Account Holder are attributed to the Account Holder in relation to KIsy, to the extent legally permissible. The Account Holder is liable according to statutory provisions for breaches of duty for which they are responsible, in particular for a breach of supervision, protection, payment, confidentiality, or usage obligations for which they are responsible.
9. The Account Holder indemnifies KIsy against third-party claims asserted due to unlawful or contractually non-compliant use of their account for which they are responsible. This includes reasonable costs for legal defense. Mandatory statutory rights of consumers, claims for injury to life, body, or health, and claims under mandatory product liability law remain unaffected.
10. KIsy is entitled to reject registrations, verify age or authorization details, demand additional proof or confirmations from the adult Account Holder, restrict functions in an age-appropriate manner, or temporarily or permanently suspend accounts if there are concrete indications of false information, lack of parental authorization, abuse, danger to minors, circumvention attempts, security breaches, or other significant breaches of duty.
4. Permitted and Prohibited Use
1. KIsy may only be used within the scope of the Intended Purpose according to Section 2, in accordance with these Terms of Service, and in a legally permissible manner.
2. Users remain independently responsible for checking Outputs from KIsy prior to any use for plausibility, accuracy, topicality, safety, legal permissibility, and suitability for the specific situation.
3. The following, in particular, is not permitted:
- a) the use of KIsy Outputs as the sole or primary basis for real-world actions, decisions, or omissions in safety-critical, health-related, psychological, legal, financial, technical, manual, structural, traffic-related, food-related, or otherwise professionally regulated areas;
- b) requesting, using, or disseminating specific step-by-step instructions for the actual execution of dangerous work by unqualified persons, particularly on vehicles, brakes, steering, tires, airbags, electricity, gas, fire, chemicals, machinery, tools, structures, load-bearing constructions, or safety-relevant devices;
- c) the use of KIsy for diagnosis, treatment, dosing, therapy, crisis intervention, self-treatment, or delaying necessary medical, psychological, therapeutic, or other professional help;
- d) the use of KIsy in emergencies, acute danger situations, situations involving violence, self-harm, harm to others, severe bullying, extortion, abuse, acute psychological crisis, or other situations where immediate human or professional help is required;
- e) the use of KIsy to insult, threaten, manipulate, harass, deceive, bully, expose, monitor, extort, or psychologically pressure other persons;
- f) intentionally bypassing safety filters, protective mechanisms, age restrictions, warning notices, or technical restrictions, in particular through so-called jailbreaking, prompt injection, role-playing, deceiving the AI, or similar circumvention attempts;
- g) use for unlawful purposes or to create, promote, or prepare unlawful, dangerous, or harmful acts;
- h) entering, processing, or disseminating unlawful, offensive, discriminatory, extremist, pornographic, youth-endangering, violence-glorifying, or otherwise inadmissible content;
- i) use to create, promote, or prepare fraud, malware, spam, identity theft, deception, phishing, cyberattacks, bypassing security measures, or other harmful activities;
- j) entering unnecessary personal data of third parties, special categories of personal data, passwords, secrets, confidential information, or third-party content, provided there is no sufficient legal basis and authorization;
- k) automated or mass access, scraping, bot usage, crawling, load testing, reverse engineering, decompiling, or other unauthorized analysis or bypassing of technical structures, unless this is strictly permitted by law;
- l) the use of the private consumer offering for institutional, school-wide, class-wide, therapeutic, commercial, or professional application purposes, unless a separate offering has been agreed upon for this;
- m) transferring the account to third parties or using an account by multiple persons outside the usage framework intended by KIsy.
4. Users may only input, upload, or process content if they are authorized to do so and this does not violate any third-party rights, statutory provisions, or contractual obligations.
5. The user indemnifies KIsy against third-party claims asserted due to an unlawful or contractually non-compliant input, use, processing, or dissemination of content for which the user is responsible. This includes reasonable costs for legal defense. Mandatory statutory rights remain unaffected.
6. In the event of breaches of these Terms of Service or applicable law, KIsy is entitled to block or delete content, restrict functions, issue warnings, interrupt usage, temporarily suspend accounts, or extraordinarily terminate the contract, insofar as this is appropriate in the individual case.
5. Device Access, Account Sharing, and Access Protection
1. KIsy can generally be used on various internet-enabled end devices via a browser, in particular on smartphones, tablets, and PCs.
2. Use by the authorized Account Holder within the contractually intended scope of use is permitted. Passing the account on to third parties or simultaneous, alternating, or joint use by multiple persons outside the explicitly intended scope of use is not permitted.
3. If the Account Holder allows a minor to use their account, the Account Holder remains responsible for ensuring that the use is age-appropriate, supervised, and in accordance with these Terms of Service. The Account Holder must not grant minors access if, based on age, maturity, topic, Coach, or specific usage, there is an increased risk that Outputs may be misunderstood, implemented unchecked, or used for dangerous actions.
4. We are entitled to employ adequate technical measures to protect against misuse, account sharing, unauthorized multiple use, or other unauthorized access. This may include, in particular, limiting parallel sessions, device checks, security queries, or temporary access restrictions.
5. If there is a concrete suspicion of fraudulent use, unauthorized sharing, or another threat to system security, we are entitled to temporarily restrict access or suspend the account until clarification.
6. Availability, Technical Requirements, and Changes to the Service
1. KIsy is provided within the framework of existing technical, operational, and commercial possibilities.
2. A claim to uninterrupted, constant, and error-free availability of the service only exists insofar as this is mandatory by law or expressly agreed upon separately.
3. KIsy is entitled to temporarily restrict the service if this is necessary for technical, safety-related, capacity-related, maintenance-related, regulatory, or other operational reasons.
4. KIsy is entitled to further develop, modify, replace, restrict, or discontinue functions, content, models, technical components, user interfaces, Coach descriptions, protective mechanisms, and product features insofar as there is a factual reason for doing so. Factual reasons include, in particular, security improvements, abuse prevention, troubleshooting, technical advancement, adaptation to new legal or regulatory requirements, changes to third-party technologies, stability, performance, data protection, youth protection, product safety, or the economic continuation of the service.
5. Insofar as legally required, updates are provided that are necessary to maintain the contractual conformity of digital products.
6. Insofar as a modification to a digital product affects the accessibility or usability of the service for consumers more than just insignificantly, we will inform about this in accordance with statutory provisions. Statutory rights of termination, reduction, supplementary performance, and other consumer rights remain unaffected.
7. To use the service, the user requires a suitable end device, an up-to-date browser or app version, a functioning internet connection, and a standard system environment. KIsy assumes no responsibility for disruptions that are solely attributable to unsuitable devices, outdated software, or an insufficient internet connection of the user.
8. KIsy may discontinue the service in whole or in part if technical, economic, legal, regulatory, or security-related reasons make this necessary. For paid services, we will inform affected consumers with appropriate advance notice, insofar as possible and reasonable. Fees already paid for service periods no longer provided after discontinuation will be refunded proportionally, unless an equivalent replacement is provided or mandatory law dictates otherwise. Statutory rights of consumers remain unaffected.
7. Chat Histories, Content, and Data Resets
1. KIsy may provide users with functions for saving, displaying, or managing chat histories and other content. A claim to permanent or unaltered retention of such content only exists within the framework of mandatory statutory requirements or explicit contractual promises.
2. KIsy may, insofar as legally permissible and described in more detail in the privacy policy, store and evaluate technical logs, security events, indications of abuse, displayed warnings, model and system versions, timestamps, function calls, and other information required for security, error analysis, abuse prevention, support, compliance, and legal defense.
3. KIsy is entitled to temporarily secure chat histories or other content if there are concrete indications of abuse, security risks, legal violations, endangerment of minors, danger to oneself or others, product defects, official inquiries, or legal disputes, to the extent legally permissible.
4. KIsy is entitled to fully or partially reset, migrate, anonymize, or delete chat histories, saved content, configurations, or other data if this is necessary for technical, quality-related, security-related, regulatory, or operational reasons.
5. These provisions do not establish a user's claim to permanent storage, unaltered provision, or restoration of chat histories. Statutory rights regarding information, data protection, consumer rights, and preservation of evidence remain unaffected.
6. Users are personally responsible for securing content they wish to retain permanently in a timely manner outside the service, unless mandatory consumer protection regulations prevent this necessity.
8. Usage Limits, Quotas, and Fair Use
1. KIsy is entitled to protect the service through reasonable usage limits, quotas, rate limits, prioritizations, functional lockdowns, volume limits, or comparable Fair Use mechanisms if this is necessary for economic, security-related, abuse-related, or capacity-related reasons.
2. Insofar as free trial phases, free quotas, or special introductory offers are provided, their scope results exclusively from the respective current presentation prior to contract conclusion or within the product. There is no claim to permanent retention of free offers, individual free quotas, or a specific trial duration.
3. For certain functions, a monthly usage budget may apply, which is displayed in the app as a percentage consumption value from 0% to 100%. A value of 100% means that the usage budget intended for the respective billing month is exhausted. At the beginning of the next billing month, the usage budget is reset. For paid plans, essential usage budgets, quotas, rate limits, or functional restrictions, insofar as they are significant for the use of the booked plan, are transparently presented prior to the conclusion of the contract.
4. Unused portions of the monthly usage budget expire at the end of the respective billing month; they are not carried over to the next billing month.
5. If the monthly usage budget is fully exhausted, individual functions may be restricted or temporarily blocked until the beginning of the next billing month.
6. Displays regarding budgets, quotas, usage statuses, or consumption are for user information purposes. The technical recording in our systems is authoritative. In the event of comprehensible objections by the user, we will appropriately review the recording. Statutory rights of the user remain unaffected.
9. Prices, Payment Processing, and Price Changes
1. For paid services, the prices, terms, and billing modalities displayed to the user immediately prior to concluding the order process apply.
2. Insofar as prices are displayed to consumers, these include the statutory value-added tax (VAT), where applicable.
3. Payment processing may take place via external payment service providers. For their services, their own terms and conditions may additionally apply.
4. KIsy may change prices for future billing periods if there is a factual reason for doing so, the change is reasonable for the user, and the balance of performance and consideration is adequately maintained. Factual reasons include, in particular, changes in costs for hosting, infrastructure, security, AI models, interfaces, third-party providers, payment processing, support, personnel, taxes, levies, or regulatory requirements. When examining a price change, KIsy also takes cost reductions into account, provided they relate to the same cost area and are not offset by cost increases in other areas.
5. Price changes do not apply to already paid service periods. We will inform affected users in good time before the change takes effect in text form or within the product. Consumers can terminate the contract before the price change takes effect, unless the price change is exclusively to their advantage or mandatory law dictates otherwise. Statutory rights remain unaffected.
10. Conclusion of Contract, Term, Renewal, and Termination
1. The presentation of services on the website or in the app does not yet constitute a binding offer.
2. A contract for paid services is only concluded when the user successfully completes the ordering process and we accept the order or unlock access to the booked service.
3. The term and renewal of a paid subscription are based on the tariff selected at contract conclusion and the contract terms transparently displayed prior to contract conclusion.
4. Insofar as legally permissible and transparently indicated prior to contract conclusion, a subscription renews automatically if it is not terminated in due time.
5. Consumers can terminate paid continuing obligations via the functions provided for this purpose in the user account, in the app, or via a cancellation button provided on the website, insofar as legally required. If a subscription is managed via an app store, payment service provider, or other external provider, the cancellation methods provided there may additionally apply.
6. Cancellations, declarations, and contract amendments in connection with paid services may only be carried out by the adult Account Holder.
7. The right to extraordinary termination for cause remains unaffected for both parties.
8. KIsy may extraordinarily terminate the contract for cause or block the account if
- the user severely or repeatedly violates these Terms of Service,
- abuse, circumvention attempts, or security breaches exist,
- payment arrears persist despite maturity and a reminder,
- statutory or regulatory requirements require a restriction or termination of the service,
- the further execution of the contract is unreasonable for KIsy for objective security or legal reasons.
9. In the event of a justified extraordinary blocking or termination by KIsy, a claim for a refund of fees already paid only exists to the extent that mandatory law requires it.
11. Consumer Rights regarding Digital Products and Right of Withdrawal
1. Consumers are entitled to the statutory rights for digital products and digital services. These rights are not restricted by these Terms of Service.
2. Consumers generally have a statutory right of withdrawal in accordance with statutory provisions for paid contracts concluded online.
3. We provide consumers with the withdrawal instructions and the model withdrawal form in text form, in particular by e-mail.
4. If the user wishes KIsy to begin providing digital content or digital services before the end of the withdrawal period, we will obtain the declarations legally required for this separately. The right of withdrawal only expires insofar as the statutory requirements are met.
5. Statutory rights regarding defects, update claims, price reduction rights, termination rights, and other consumer rights remain unaffected.
12. Intellectual Property and Licensing Rights
1. All rights to the service, the software, the databases, the technical infrastructure, the trademarks, logos, indicators, texts, graphics, designs, user interfaces, and other content provided by KIsy remain with KIsy or the respective licensors.
2. Users retain the rights to the content they input, upload, or otherwise provide, insofar as such rights belong to them at all.
3. The user grants KIsy the non-exclusive rights to their inputs and uploads, restricted to contract fulfillment, required to provide the service, process inputs, generate outputs, prevent abuse, provide support, implement security and compliance measures, and fulfill legal obligations.
4. AI-generated Outputs may be wholly or partially unprotected by law, may arise identically or similarly for other users, or may affect third-party rights. To the extent legally permissible, KIsy assumes no warranty that Outputs are free of third-party rights, exclusive, original, correct, or suitable for a specific purpose. Mandatory statutory rights of the user remain unaffected.
5. Any use of the content, indicators, interfaces, or other protected components provided by KIsy beyond the contractually intended use is only permitted with the prior consent of KIsy, unless mandatory law dictates otherwise. The creation, saving, or sharing of screenshots, excerpts, or recordings is permitted to the extent necessary for private documentation purposes, support inquiries, error or security reports, the exercise of legal rights, preservation of evidence, legal pursuit, or legal defense. Public distribution of user interfaces, protected content, or AI Outputs for advertising, commercial, or other purposes extending beyond the contract's purpose requires the prior consent of KIsy, unless mandatory law dictates otherwise.
13. Limitation of Liability
1. KIsy is liable according to statutory provisions for intent and gross negligence.
2. KIsy is liable without limitation for damages resulting from injury to life, body, or health, insofar as these are based on a culpable breach of duty by KIsy, its legal representatives, or vicarious agents.
3. Liability according to mandatory statutory provisions, in particular under product liability law, under consumer protection provisions regarding digital products, and in other legally mandatory cases, remains unaffected. These Terms of Service contain no exclusion and no limitation of such mandatory claims.
4. In the event of a slightly negligent breach of essential contractual obligations, KIsy is only liable for the predictable damage typical for the contract. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely. The above limitations do not apply in the cases of paragraphs 2 and 3.
5. In the event of a slightly negligent breach of non-essential contractual obligations, liability of KIsy is excluded, unless this is opposed by mandatory statutory provisions.
6. KIsy generates Outputs based on probabilistic AI systems and partially involving third-party technologies. Individual Outputs may be incorrect, incomplete, misleading, outdated, unsuitable, or dangerous. KIsy does not owe any professional verification of each individual Output by human professionals, unless this is explicitly agreed upon or mandatory law dictates otherwise.
7. If a user utilizes KIsy contrary to the Intended Purpose according to Section 2 or contrary to the usage restrictions according to Section 4, in particular by using Outputs as a basis for real-world safety-critical actions or decisions without the required independent, adult, or expert verification, KIsy will assert this within the framework of statutory provisions, in particular when examining contributory negligence according to Section 254 of the German Civil Code (BGB). A blanket prior determination of contributory negligence, a reversal of the burden of proof to the detriment of the user, or an exclusion of mandatory statutory claims is not associated with this.
8. The adult Account Holder is liable according to statutory provisions for breaches of duty in connection with their account for which they are responsible, in particular for breaches of payment, supervision, confidentiality, protection, or usage obligations for which they are responsible. Mandatory statutory rights remain unaffected.
9. Insofar as the liability of KIsy is excluded or limited, this also applies in favor of the legal representatives, executive bodies, employees, freelancers, service providers, and vicarious agents of KIsy.
14. Support and Communication
1. KIsy may provide support and contact options via e-mail, form, or within the product.
2. Unless explicitly agreed otherwise, support is provided subject to availability and according to the best-effort principle. There are no guaranteed response or processing times.
3. Support from KIsy is not emergency, crisis, health, therapy, legal, security, or professional advice. In emergencies, acute danger situations, psychological crises, situations involving violence, bullying, or self-harm, appropriate human, professional, or official agencies must be contacted immediately.
4. Contract-relevant notifications can be sent to the e-mail address provided during registration. The user is responsible for keeping their contact details up to date and checking their e-mail inbox regularly.
15. Amendments to these Terms of Service
1. KIsy may amend these Terms of Service with future effect if there is a factual reason for doing so and the amendment does not unreasonably disadvantage the user.
2. Factual reasons include, in particular, changes in the legal situation or jurisdiction, new regulatory requirements, security or abuse risks, technical changes to the service, introduction of new functions or Coaches, changes in third-party technologies, adaptations to consumer, youth, data protection, product safety, or AI regulatory requirements, as well as clarifications of unclear or incomplete regulations.
3. We will inform users of significant changes in good time in a suitable form. Insofar as legally required, we will obtain explicit consent or refer to a right of termination or cancellation.
4. Amendments that are merely editorial, correct obvious errors, do not adversely change the user's legal position, or are exclusively advantageous to the user can be made without separate consent, unless mandatory law dictates otherwise.
5. Mandatory statutory rights of consumers remain unaffected.
16. Consumer Dispute Resolution
KIsy is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
17. Final Provisions
1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this is not opposed by any mandatory statutory consumer protection regulations.
2. Provided the user 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 or in connection with the contractual relationship shall be the registered office of KIsy, to the extent legally permissible.
3. Should individual provisions of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected, to the extent legally permissible.
4. Insofar as these Terms of Service are provided in multiple languages, the German version shall be authoritative for users with their habitual residence in Germany, unless mandatory consumer law requires otherwise. Translations serve the purpose of comprehensibility. In the event of deviations, the language version that formed the basis for the conclusion of the contract shall be authoritative, unless mandatory law dictates otherwise.