Terms of Service
Provider: mobilistics GmbH, Hohe Str. 102, 44139 Dortmund, Germany
Email: info@mobilistics.de
Commercial Register: Amtsgericht Dortmund
Registration Number: HRB 21283
Managing Directors: Patrick Oberdorf, Hans-Jörg Raphael
1. Scope and Contract Formation
1.1 Scope
These Terms of Service (Terms) apply to all contracts for the use of the SaaS platform vpchat.eu between mobilistics GmbH (hereinafter "Provider") and users (hereinafter "Customer").
1.2 Contract Formation
The contract is concluded through the Customer's registration and subsequent confirmation by the Provider. By registering, the Customer accepts these Terms.
1.3 Deviating Conditions
Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract unless the Provider has expressly agreed to their validity in writing.
2. Service Description
2.1 Main Service
The Provider offers a web-based privacy gateway platform (vpchat.eu) that includes the following features:
- Automatic detection and masking of personally identifiable information (PII) in real-time
- Secure forwarding of anonymized requests to AI services (ChatGPT, Claude, etc.)
- Intelligent replacement of masked data in AI responses
- Enterprise Single Sign-On (SSO) integration
- Audit trail and logging of all interactions
- Team management and user administration
2.2 Availability
The Provider strives for 99.5% availability per month. Planned maintenance will be announced at least 24 hours in advance and preferably takes place outside business hours (10:00 PM - 6:00 AM CET).
2.3 Third-Party Services
The service uses external AI providers. The Provider assumes no liability for the availability or performance of these third-party services.
3. Registration and User Account
3.1 Registration
Registration is required to use the service. The Customer undertakes to provide truthful and complete information during registration.
3.2 Account Security
The Customer is responsible for keeping their access credentials confidential and is liable for all activities under their account, unless they can prove that they are not responsible for the breach of duty.
3.3 Team Management
Customers can invite team members. The main account holder is liable for all actions of their team members within the scope of service usage.
4. Subscriptions and Prices
4.1 Pricing Model
The service is offered on a subscription basis. Current prices are available on the website vpchat.eu.
4.2 Term and Termination
The subscription runs for an indefinite period and can be terminated at any time without notice. The termination becomes effective at the end of the current billing period.
4.3 Dynamic Price Adjustment
When adding team members, the billing amount automatically increases for the next billing cycle. When removing team members, a proportional credit is applied.
4.4 Price Changes
The Provider may change prices with 30 days' notice. Existing customers have the right to extraordinary termination within 14 days of receiving the change notification.
5. Payment and Billing
5.1 Payment Processing
Payment is processed through the external payment service provider Stripe. Stripe's terms of service apply additionally.
5.2 Payment Methods
Payments are made in advance by credit card, SEPA direct debit, or other payment methods supported by Stripe.
5.3 Failed Payments
In case of failed payments, the service will be suspended after a grace period of 7 days. The Customer will be notified in advance by email.
5.4 Refunds
Already paid amounts will only be refunded in legally prescribed cases (e.g., withdrawal by consumers).
6. Waiver of Right of Withdrawal (for Consumers)
6.1 Express Waiver
With the order, the Customer (consumer) expressly declares:
- Consent to immediate service commencement: They agree that the Provider begins with the complete provision of the digital service immediately after contract conclusion.
- Waiver of right of withdrawal: They expressly waive their right of withdrawal according to § 356 Para. 5 German Civil Code (BGB), as the digital service is provided in full.
- Confirmation of knowledge: They confirm that by waiving the right of withdrawal, they lose their right to reimbursement.
6.2 Legal Basis
The right of withdrawal expires according to § 356 Para. 5 BGB for contracts concerning the provision of services when the entrepreneur has completely provided the service and only began executing the service after the consumer gave their express consent and simultaneously confirmed their knowledge that they lose their right of withdrawal upon complete contract fulfillment by the entrepreneur.
7. Customer Obligations
7.1 Proper Use
The Customer undertakes to use the service only as intended and not to process any unlawful content.
7.2 Prohibited Use
Particularly prohibited are:
- Processing content that violates applicable law
- Attempts to manipulate the system or circumvent security measures
- Use for automated requests without prior coordination
- Sharing access credentials with third parties
7.3 Cooperation Obligations
The Customer provides all necessary information and cooperates appropriately in troubleshooting.
8. Data Protection and Data Processing
8.1 Data Protection Principles
The protection of personal data has the highest priority. Details are governed by the separate privacy policy.
8.2 PII Processing
- Personal data is automatically masked before forwarding to AI services
- Original data is only stored temporarily for replacement purposes
- No permanent storage of customer data without express consent
8.3 Data Processing Agreement
For enterprise customers, a separate Data Processing Agreement (DPA) can be concluded.
8.4 Deletion
Customer data will be completely deleted within 30 days after contract termination, unless legal retention obligations exist.
9. Availability and Disruptions
9.1 Service Level
The Provider strives for availability of at least 99.5% per month (excluding planned maintenance).
9.2 Incident Reporting
Disruptions should be reported to info@mobilistics.de. The Provider endeavors to resolve issues as quickly as possible.
9.3 Liability Disclaimer
Liability for outages or disruptions exists only in cases of intent or gross negligence.
10. Liability
10.1 Unlimited Liability
The Provider has unlimited liability for:
- Intentional or grossly negligent breaches of duty
- Injury to life, body, or health
- Guarantees and liability regardless of fault
10.2 Limited Liability
For negligent breach of essential contractual obligations, liability is limited to foreseeable, contract-typical damage, but not exceeding the fees paid by the Customer in the last 12 months.
10.3 Excluded Liability
Otherwise, liability is excluded. This does not apply to consumers in case of fraudulent concealment of defects.
10.4 Third Parties
The Provider is not liable for failures or errors of third-party AI services.
11. Termination
11.1 Ordinary Termination
Both parties can terminate the subscription at any time without notice. The termination becomes effective at the end of the already paid billing period.
11.2 Extraordinary Termination
The right to immediate termination for cause remains unaffected.
11.3 Consequences of Termination
Upon contract termination, access to the service expires. Customer data will be deleted within 30 days. Already paid amounts will not be refunded.
12. Warranty
12.1 SaaS Services
For SaaS services, the statutory warranty rights apply accordingly.
12.2 Defect Remediation
In case of defects, the Provider endeavors to remedy them as quickly as possible.
13. Changes to the Terms of Service
13.1 Right to Change
The Provider may change these Terms for objectively justified reasons.
13.2 Announcement
Changes will be announced by email at least 30 days before taking effect.
13.3 Right of Objection
If the Customer does not object within 30 days, the changes are deemed accepted. In case of objection, the Provider may terminate extraordinarily.
14. Final Provisions
14.1 Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 Jurisdiction
For merchants, legal entities under public law, or persons without a general place of jurisdiction in Germany, Dortmund is the place of jurisdiction.
14.3 Severability Clause
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
14.4 Contract Language
The contract language is German. In case of discrepancies between the German and English versions, the German version shall prevail.
15. Consumer Dispute Resolution
The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Date: 05.09.2025
Version: 1.0