Terms and Conditions (T&C) for Spicr Premium

Last updated: 9.9.2025

§ 1 Scope and Provider

(1) Provider: Spicr UG, Schallstraße 39, 50931 Cologne, Germany ("Spicr").

(2) Subject Matter: Spicr specializes in interactive AI-based entertainment and offers its services at spicr.ai.

(3) User Base: The customer uses the services exclusively for private purposes.

(4) Availability: These terms can be downloaded and printed by the customer. Spicr itself does not store the contract text after conclusion.

§ 2 Definitions

(1) Platform / Services: The entirety of interactive AI-based entertainment services offered at spicr.ai.

(2) Account: The login-protected area on the platform through which the customer accesses their subscribed services.

(3) Input: Refers to all texts or data that the customer actively enters into the platform to generate a response.

(4) Output / Message: Refers to the responses and content generated by the system.

(5) Context: Describes the amount of data (expressed in tokens) that the model can process simultaneously to establish references to previous inputs within a chat.

(6) Token: A "token" is the technical base unit for measuring data volume (approximately 4 characters in English).

(7) Model Category: The classification into Basic, Silver, and Gold models is based on the current state of technology. Spicr may replace models with technologically equivalent or better ones.

§ 3 Services and Contract Subject

(1) Spicr grants access to the subscribed Premium services according to the respective service description.

(2) Minimum Age: Use of the service is not permitted for persons under 18 years of age.

(3) Data Processing: Spicr may process content on its own servers or third-party cloud infrastructures and determines the location of processing.

(4) Test Features: Spicr may voluntarily provide free Alpha or Beta versions that may contain errors and can be changed or discontinued at any time.

§ 4 Pricing Plans and Scope of Services (Tiers)

(1) The specific scope of features depends on the selected plan.

(2) The user can receive up to 1000 messages per day. Unused daily quotas expire daily at 11:59 PM (CET/CEST) and cannot be carried over to the next day.

(3) The plans are structured as follows:

• Bronze Plan: Basic Model (Standard Quality) with up to 4000 tokens of context in chat
• Silver Plan: Silver Model (High Quality) with up to 6000 tokens of context in chat
• Gold Plan: Gold Model (Very High Quality) with up to 8000 tokens of context in chat

§ 5 Availability and Fair Use

(1) Limits: The quota is technically limited; after reaching the limit, usage is only possible again the following day.

(2) Abuse: In case of automated use (e.g., by bots), access may be blocked without prior notice.

(3) Availability: Spicr is obligated to provide 98% availability on an annual average, excluding necessary maintenance work or external disruptions (e.g., internet problems, API provider failures).

§ 6 Prices and Payment Terms

(1) Prices: The price list at the time of ordering applies, including the applicable sales tax.

(2) Payment Processing: Processing is carried out through the service provider Verotel (Amsterdam). The charge will appear on the bank statement as "Spicr Premium".

(3) Due Date: The fee is due monthly in advance, starting from the day of the successful initial payment.

(4) Payment Methods: Credit and debit cards (Visa, Mastercard) are accepted.

(5) Default: In case of failed debits, Spicr is entitled to immediately block access.

§ 7 Contract Duration and Termination

(1) Initial Term: The contract is concluded for a minimum term of 30 days. The term begins on the day of contract conclusion and successful completion of the first payment.

(2) Automatic Renewal: After the initial term expires, the contract automatically renews for an indefinite period. Billing continues to occur in periods of 30 days each.

(3) Termination: After the initial term expires, the customer may terminate the contract at any time at the end of the 30-day billing period.

(4) Billing Upon Termination: If termination occurs during an ongoing 30-day billing period, the service will be provided until the end of that period. No pro-rata refund for already commenced periods will be made if the termination only becomes effective at the end of the period.

(5) Form: Termination can be made in text form (e.g., by email).

(6) Cancellation Button: In accordance with § 312k BGB, Spicr provides an online cancellation procedure. The customer can cancel the contract via the permanently available button "Cancel Subscription" on the profile page and the subsequent confirmation page.

(7) Effective Date: The termination becomes effective at the end of the current 30-day billing period. Confirmation of receipt and the contract end date will be sent promptly by email.

§ 8 Right of Withdrawal for Consumers

(1) Period: Consumers have the right to withdraw from this contract within 14 days of contract conclusion without giving reasons.

(2) Early Expiration: The right of withdrawal expires prematurely for digital content if performance has begun with the express consent of the customer and their acknowledgment of losing the right of withdrawal before the withdrawal period expires.

(3) Sample Form: Withdrawals should be addressed to Spicr UG, Schallstraße 39, 50931 Cologne or till@spicr.ai.

§ 9 Liability and AI Content

(1) Prohibited Content: The following types of input or content generation are prohibited:

• Minors (mention, creation of characters, role-play as a minor).
• Rape or non-consensual acts.
• Incest according to § 173 StGB.
• Depictions of extreme violence.
• Depictions of excrement, blood, or vomit.
• Involvement of real public figures.

(2) Nature of Content: AI content may be incomplete, incorrect, or inaccurate. Spicr makes no guarantee regarding the accuracy or reliability of the generated outputs.

(3) Limitation of Liability:

• Spicr is unlimitedly liable for intent, gross negligence, injury to life, body or health, and under the Product Liability Act.
• In case of slight negligence, Spicr is only liable for the breach of essential contractual obligations (cardinal obligations), limited to foreseeable, contract-typical damage.
• Liability for lack of economic success or lost profit is excluded in cases of slight negligence.

§ 10 Content Review and Reporting Process

(1) Review Process: Spicr reviews scenarios on a random basis; a complete pre-screening is not technically possible.

(2) Reporting Procedure: Users can report incorrect or illegal content via the flagging function or by email to till@spicr.ai.

(3) External Links: Placing hyperlinks by users is prohibited. Spicr distances itself from content on linked third-party sites and is not liable for their content.

§ 11 Anti-Modern Slavery Statement

(1) Human Rights: Spicr UG rejects all forms of modern slavery, forced labor, and human trafficking and is committed to ethical business practices.

(2) Supply Chain: We expect our partners (e.g., data centers, AI model providers) to comply with applicable laws against modern slavery and child labor.

(3) Zero Tolerance: Spicr terminates business relationships with partners who are demonstrably involved in modern slavery.

(4) Reporting: Suspected cases can be reported to till@spicr.ai.

§ 12 Changes to Terms and Conditions

(1) Spicr reserves the right to adapt these T&C for good cause (e.g., technical innovations or legal changes), provided this is reasonable for the customer.

(2) Changes will be communicated to the customer 4 weeks before taking effect. If no objection is raised within this period, the new T&C are deemed accepted.

§ 13 Final Provisions

(1) Dispute Resolution: Link to the EU ODR platform: https://ec.europa.eu/consumers/odr. Spicr is not obligated to participate in proceedings before a consumer arbitration board.

(2) Choice of Law: The law of the Federal Republic of Germany applies, subject to the mandatory consumer rights of the country of residence.

(3) Place of Jurisdiction: Cologne