General Terms and Conditions (GTC) for the xpandAI Platform

As of: November 11, 2025

1. General Provisions (Scope, Provider)

Scope

These General Terms and Conditions apply worldwide to all users of the xpandAI platform (accessible at https://xpandai.one) and to all services offered by xpandAI. By registering on the platform or using xpandAI's services, you accept these GTC as binding. Any conflicting or deviating terms and conditions on your part shall not apply unless xpandAI has expressly agreed to their validity in writing.

Provider / Contractual Partner

The operator of the platform and your contractual partner is xpand Deutschland GmbH, Ernst-Penzoldt-Weg 9, 91080 Spardorf, Germany.
Email: office@xpand.pro
Phone: +49 821 21700080.
For further information, please refer to the website's legal notice.

Conclusion of Contract

The presentation of services on the website does not constitute a binding offer, but rather an invitation to place an order. By completing the registration and ordering process and clicking a button clearly marked as a payment obligation, you are making a binding offer to enter into a contract. The contract is concluded as soon as xpandAI confirms your offer by activating access and/or by email. xpandAI reserves the right to reject registrations or orders in individual cases. These GTC also apply during any trial period that may be offered (e.g., a free month).

Inclusion of the GTC / Language / Proof: During the registration or checkout process, you will be shown and linked to the appropriate language version of these GTC. By checking the box ("GTC read and accepted"), the GTC in the displayed language version are effectively incorporated. For verification purposes, xpandAI logs the time, language version, and version identifier.

2. Description of Services (Services, Subscriptions, Online Courses)

Platform and AI Services

xpandAI is a web-based platform that provides you with access to common Large Language Models (LLMs) via standardized APIs. We offer pre-built assistants that already contain defined system prompts to facilitate your entry into the use of these AI technologies. Important: xpandAI does not train AI models itself – we merely provide access to externally developed and trained AI systems.

Notice on AI-Generated Content

All content generated by the AI systems integrated on xpandAI is created automatically. This content is clearly identified in the user interface as "AI output" or "automatically generated content." Users are obligated to independently review these outputs before any further use.

Subscriptions

The use of xpandAI is based on subscriptions. Various subscription models are available (e.g., "AI Assist," "AI Assist Plus," "Consultant Assist Plus," and corporate packages), the scope of services and prices of which are described in detail on the website. Some features or trial access may be available free of charge, while a paid subscription is required for the full range of functions.

Online Courses (LMS)

In addition to the AI services, xpandAI offers online courses through a Learning Management System (LMS). In these courses, you will receive in-depth information on the use of AI as well as on topics such as data protection and the EU AI Act.

Important Notice Regarding Online Courses

The content of the online courses is for general informational purposes only and does not replace individual legal advice. For legal questions, we recommend consulting a qualified attorney.

Notice on Regulated Areas of Application

The services offered by xpandAI are not primarily intended for high-risk application areas within the meaning of the EU AI Act (e.g., personnel decisions, evaluation of students, creditworthiness assessments). Should the platform nevertheless be used for such purposes, it is the responsibility of the users or their organization to ensure compliance with all relevant regulatory requirements – particularly with regard to transparency, human oversight, and non-discrimination.

User Content and AI Results

The inputs you provide remain your own. xpandAI uses these exclusively to provide the contractual services. For quality assurance purposes, we reserve the right to randomly inspect user inputs. This is done exclusively by employees who have signed a non-disclosure agreement (NDA). Unless otherwise agreed, no further rights remain to the outputs generated by the AI, so you are solely responsible for their content accuracy.

Availability and Third-Party Services

xpandAI strives for high availability of the platform and integrates AI models from leading providers (e.g., OpenAI, Anthropic). Temporary restrictions (e.g., due to maintenance work or disruptions at third-party providers) may occur. Changes in the scope of services will be made while safeguarding the legitimate interests of the users.

3. Access Requirements and User Obligations (Minimum Age, Registration, Use)

Minimum Age and Legal Capacity

The use of xpandAI is exclusively reserved for persons with full legal capacity who are at least 18 years old. By registering, you confirm that you have reached this minimum age. xpandAI reserves the right to request proof of your age.

Registration and Account

Registration is required to use the platform. You undertake to provide truthful and complete information and to update it immediately in the event of changes. As a rule, only one account is permitted per person; the transfer of access data to third parties is not permitted. You are solely responsible for all activities that occur through your account.

Rules of Use

  • You may only use the platform within the legally permissible framework and in accordance with these GTC.
  • It is prohibited to use the platform for the transmission of illegal content, for scraping, or for other abusive purposes.
  • You are obligated to observe all notices, recommendations, and safety instructions from xpandAI.

Feedback Option for Problematic AI Content

Should you notice any problematic, inappropriate, or potentially discriminatory AI output while using xpandAI, please contact support-xpandai@xpand.pro. We take such reports seriously and review the reported content in line with our quality assurance measures and to ensure compliance with the EU AI Act.

4. Prices and Payment Modalities (Subscription, Stripe, Term, Termination)

Prices and Subscription Duration

The use of xpandAI is based on paid subscriptions, the prices and scope of services of which can be viewed on the website. All prices include the statutory value-added tax, where applicable.

  • Monthly Subscriptions: The fee is charged monthly in advance.
  • Annual Subscriptions: The fee is calculated for 12 months in advance and is automatically renewed for another year unless terminated four weeks before the end of the term.
  • Corporate Subscriptions: These are generally concluded as annual contracts.

Payment Processing

Payment is made via Stripe. Your payment data is transmitted directly and securely to Stripe; xpandAI does not store any complete payment information.

Termination

You can cancel your subscription at any time using the functions provided in your user account or in writing. The termination will take effect at the end of the current billing period. Amounts already paid will not be refunded on a pro-rata basis, as far as legally permissible.

Free Trial and Promotional Campaigns

xpandAI may offer new users limited-time free trial periods. If the trial access is not canceled, the subscription will be automatically renewed.

5. Right of Withdrawal

Our digital services, in particular the immediate online access to our AI services and online courses, are regularly provided immediately after the conclusion of the contract. With your express consent to the immediate commencement of performance and your confirmation of knowledge that your right of withdrawal expires with the commencement of the performance of the contract, a statutory right of withdrawal may expire. Insofar as legal exceptions exist, we will inform you separately about them.

6. Disclaimer of Liability

Liability for AI Results and Data Inputs

User's Own Responsibility: You are solely responsible for the data you enter into the AI system. It is your responsibility to ensure that no confidential, personal, or otherwise protected data is transmitted, unless there is express legal permission or basis for doing so.

Disclaimer of Liability for Data Input: The operator of the platform assumes no liability for any damages or legal consequences resulting from the input, processing, or output of sensitive data. In particular, no liability is assumed for violations of data protection laws or other legal provisions arising from improper use of the platform.

Use of the Generated Results: The content and results generated by the AI are provided solely as supporting tools. Any decisions, actions, or other measures taken on the basis of these are at your own risk. The operator is not liable for any direct or indirect damages, consequential damages, or lost profits resulting from the use of the generated results.

Legally Non-Excludable Liability

Claims for damages resulting from injury to life, body, or health, in cases of intent and gross negligence on the part of xpandAI, its legal representatives, or vicarious agents, under the Product Liability Act, and in cases of breach of essential contractual obligations (cardinal duties) remain unaffected. In the case of a slightly negligent breach of cardinal duties, liability is limited to the contract-typical, foreseeable damage.

Disclaimer for Technical Malfunctions

xpandAI strives to ensure high availability of the platform. Nevertheless, xpandAI assumes no liability for damages or legal consequences arising from technical malfunctions, system failures, maintenance work, or other operational interruptions – regardless of whether these occur within the scope of planned maintenance times or unforeseen events. In particular, we are not liable for the loss of data or other indirect damages that arise as a result of technical problems.

Indemnification

You agree to indemnify the operator from all claims by third parties arising from an improper or unlawful input of data or the resulting use of the platform.

Scope

This disclaimer of liability applies to the greatest extent permitted by law and includes all claims arising from tort, breach of contract, and other claims for damages.

7. Data Protection

xpandAI processes personal data within its own processes in full compliance with the GDPR.

Please note that when providing external AI models via our API – particularly with providers without a separate data processing agreement or with processing in third countries – data may be transferred outside the EU/EEA. In these cases, we provide transparent information about the respective provider and the relevant guarantees. For details, please refer to our Privacy Policy.

8. Changes to the GTC

xpandAI reserves the right to change or supplement these GTC in the future – in particular to take into account new legal, technical, or operational requirements. You will be informed of planned changes at least 4 weeks before they take effect by email or by a notice upon login. If you do not object to the changes within the deadline, the new GTC shall be deemed accepted. In the event of a timely objection, you may terminate the subscription at the end of the current period.

9. Final Provisions

Applicable Law

The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence abroad, mandatory consumer protection provisions of their country of residence remain unaffected.

Jurisdiction

If you are a merchant, the place of jurisdiction shall be the registered office of xpand Deutschland GmbH. For consumers, the statutory provisions shall apply.

Contract Language

These GTC are provided in German, English, and French. All versions are legally binding. In case of discrepancies between the language versions, the German version shall prevail.

Severability Clause

Should a provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall apply that comes as close as possible to the economic purpose of the invalid provision.