Terms of Use for Advanced Simplifier AI Cloud Services 2.1

Version 2.1 – valid from 30.09.2026

1. Introduction

These Terms of Use (“Terms”) govern the purchase and use of Advanced Simplifier AI Cloud Services (“Services”).

The Services include in particular the following AI functionalities:

use of artificial intelligence (“AI”) for software development (“Build AI”);
use of AI within digital business workflows or applications (“Business AI”), including text processing, document processing, generation, analysis, classification, translation and similar use cases;
use of AI through Simplifier Agents or other AI-powered Simplifier components;
access to AI models provided through Simplifier;
Sovereign AI Model Services;
and other AI functionality made available by Simplifier from time to time.

The Services are provided exclusively to existing Simplifier licensees unless expressly agreed otherwise.

The functionality, supported models, usage units, Credits, pricing model, usage limits, contract term and other service-specific conditions are defined in the respective service description, subscription, order form or Makers Club Marketplace offering.

2. Scope of Application and Changes

2.1 Version of the Terms

These Terms apply in the version valid at the time the respective Subscription is concluded, unless these Terms provide otherwise.

2.2 Entrepreneurs

These Terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (“Customer”).

2.3 Scope and Definitions

These Terms govern the use of the Services and set out the conditions under which Customers may use these Services. They also apply to updates, upgrades, extensions, successor versions and other modifications of the Services offered, unless otherwise agreed.

“Subscription” means the service-specific usage agreement for a particular Service. Where these Terms refer to “usage agreement” or “service use agreement”, this means the applicable Subscription.

Under the usage agreement, the Customer receives a non-exclusive, non-transferable and non-sublicensable right to use the Services during the contract term to the contractually agreed extent.

2.4 Changes to these Terms

Simplifier is entitled to amend or supplement these Terms with effect for the future where there is an objective reason and the change is reasonable for the Customer. Such reasons may include, in particular:

changes in applicable law or regulatory requirements;
changes in case law;
technological developments;
security requirements;
changes to AI technology or infrastructure;
organisational requirements;
material changes in market conditions.

Material commercial conditions of an existing fixed-term Subscription, in particular the agreed contract term and the pricing applicable for the current term, will not be changed to the Customer’s detriment through an amendment of these Terms unless expressly agreed or legally required. Price changes are governed by Section 4.14.

2.5 Procedure for Changes

Simplifier will inform the Customer of planned changes to these Terms in text form (e.g. by e-mail or via the Makers Club) at least 30 calendar days before they take effect. If the Customer does not object to the changes within 30 calendar days after receipt of the notification, the changes are deemed accepted. Simplifier will specifically point out the right to object and the significance of silence in the notification of changes.

If the Customer objects, the previous version of these Terms continues to apply exclusively to Subscriptions already existing at the time the notification of changes was received; the amended Terms apply to Subscriptions concluded thereafter. Simplifier is entitled to terminate an existing Subscription at the end of the current contract term with one month’s notice if continuing under the previous terms is unreasonable for Simplifier.

2.6 Acceptance

By purchasing or using a Service, the Customer agrees to these Terms.

2.7 Free Services

Services provided free of charge are provided voluntarily and in addition to Simplifier’s contractual main obligations; they are not an owed component thereof. Where Services are provided free of charge, Simplifier is entitled to change, restrict or discontinue such Services at any time, subject to applicable law. Simplifier will inform the Customer in advance where possible.

2.8 Customer Terms

Any deviating, conflicting or supplementary terms and conditions of the Customer or third parties shall not become part of the contract unless Simplifier has expressly agreed to their applicability.

3. Conclusion of Contract

3.1 Registration in the Makers Club

Where required for the respective Service, the Customer must first create a user account in the Simplifier Makers Club.

3.2 Login to the Makers Club

After registration, the Customer logs into the Makers Club using its access credentials.

3.3 Subscription

A corresponding Subscription is required for each chargeable Service.

Before conclusion of the Subscription, the applicable commercial conditions will be displayed or otherwise made available to the Customer. These may include in particular:

service description;
billing model;
Credit or usage measurement;
pricing tiers;
usage caps;
billing period;
minimum contract term;
renewal period;
cancellation conditions;
technical restrictions.

3.4 Activation

Once all required activation steps have been successfully completed, the respective Service may be used. Where technically required, a license refresh must be performed in accordance with Section 9.

4. Usage Measurement, Credits and Billing

4.1 Usage-Based Services

Services may be billed based on actual usage. Usage may be measured in particular through:

transactions;
Credits;
tokens;
requests;
compute consumption;
documents;
generated content;
model calls;
or other usage units specified for the respective Service.

The applicable measurement method is described before conclusion of the Subscription. Where the respective service description defines a specific unit as the billing-relevant usage unit, billing is based on that unit.

4.2 Credits

Certain Services use Credits as a technical unit for measuring AI consumption. Where Credits are defined as the usage unit in the respective service description, billing is based on Credits. Other units mentioned in Section 4.1 serve only for the technical description of usage unless they are expressly defined as the billing-relevant unit.

The number of Credits consumed may depend in particular on:

the AI model used;
input size;
output size;
context size;
complexity of the operation;
type of Agent;
processing duration;
document or image processing;
other technical parameters.

The applicable Credit calculation or usage mechanism is defined in the respective service description.

Credits are technical usage units only. They do not constitute money, electronic money, stored monetary value or any other financial asset and cannot be redeemed for cash.

4.3 Metered Usage Subscription

Where a Service is offered as a Metered Usage Subscription, actual usage is measured during each billing period and charged according to the pricing model applicable to that Service. The following models may apply in particular:

tiered pricing;
stairstep pricing;
unit pricing;
included usage allowances;
usage caps;
or combinations thereof.

4.4 Stairstep Pricing

Where a stairstep pricing model applies to a Service, the highest usage tier reached during the respective billing period determines the applicable price. Once Customer usage reaches the threshold of a higher tier, the price of that tier applies for that billing period.

Unless expressly stated otherwise, the invoice amount is therefore not calculated by multiplying every individual Credit by a fixed unit price. The applicable usage thresholds and prices are shown in the respective service description or Subscription.

4.5 Usage Caps

Where a Service defines a maximum monthly invoice amount or a capped pricing tier, usage above that threshold does not increase the invoice amount further for the respective billing period.

A price cap does not by itself constitute a guarantee of unlimited technical capacity. Any technical usage limits, fair-use provisions or capacity limits are specified separately in the respective service description. Where usage caps are associated with technical usage restrictions (e.g. throttling or rejection of further requests), the nature, scope and effects of such restrictions will be described clearly and comprehensibly in the respective service description. A complete suspension of the Service solely because a usage cap has been reached does not take place unless expressly agreed.

4.6 €0 Initial Subscription Price

Where a Metered Usage Subscription displays an initial price of €0.00, this means that no fixed base fee is due merely for activating the Service. Charges arise once billable usage occurs and are calculated according to the applicable usage and pricing model.

A displayed initial price of €0.00 therefore does not mean that subsequent usage of the Service is free of charge.

4.7 Prices

All prices are generally stated in euros (EUR) unless otherwise expressly agreed. The applicable prices are displayed before conclusion of the Subscription.

All prices are exclusive of the applicable statutory value-added tax unless expressly stated otherwise.

4.8 Monthly Billing

Unless expressly stated otherwise, usage-based Services are invoiced monthly in arrears based on the usage measured during the relevant billing period.

4.9 Usage Records

Simplifier’s technical usage and measurement data generally form the basis for calculating billable usage. If the Customer reasonably demonstrates a possible measurement error, Simplifier will review the relevant usage data and correct an incorrect invoice where applicable.

4.10 Electronic Invoices

Invoices are generally provided exclusively in electronic form, for example:

by e-mail;
through the Makers Club;
or through another agreed electronic billing system.

4.11 Discounts and Promotions

Promotions, discounts or Credits granted free of charge are, unless otherwise expressly agreed, non-refundable, non-transferable and have no cash value.

4.12 Payment Information

The Customer is obliged to provide correct and up-to-date payment information.

4.13 Payment Default and Suspension

If the Customer is in default of due payments and payment remains outstanding despite a reminder and a reasonable grace period, Simplifier is entitled to suspend access to the affected Service in whole or in part, temporarily, until the outstanding amounts have been paid in full. Before suspension, Simplifier will inform the Customer of the impending measure, unless immediate suspension is mandatory for security reasons in an individual case.

4.14 Price Changes

Without prejudice to Sections 2.4 and 2.5, price changes may be made separately for individual Services. Price changes will normally be announced at least 30 days in advance.

For Subscriptions with a fixed minimum term, price changes generally apply only from the beginning of the next renewal term unless otherwise expressly agreed or legally permissible. The Customer is entitled to terminate for cause a Subscription for which a price change has been announced, until expiry of the announced notice period for the price change and with effect as of the date the price change takes effect. The notification of the change will expressly point this out.

5. AI Services

5.1 Nature of AI Services

Services may use, among other things, the following technologies:

large language models;
machine-learning models;
generative AI;
embedding models;
multimodal models;
image and document models;
or other AI technology.

Such models may be operated by Simplifier itself or by technology providers engaged by Simplifier.

5.2 AI-Generated Output, Hallucinations and Human Review

The Customer is aware that AI-based systems, due to their statistical and probabilistic mode of operation, may produce incorrect, incomplete or factually inaccurate results (“hallucinations”). This applies in particular to generated code, technical recommendations and documentation.

The existence of such typical AI characteristics does not in itself constitute a defect of the Service. The Customer’s claims for technical defects of the Service remain unaffected and are governed by Section 14.

5.3 Customer Responsibility for Use of AI Output, Input Data and Training Data

The Customer is responsible for ensuring that the input data and training data it uses are lawfully collected, stored and processed, may be used free of third-party rights or that the necessary rights (e.g. rights of use, licenses, consents) have been obtained, do not infringe copyright, trademark, personality or data protection rights, and do not violate statutory confidentiality obligations, contractual non-disclosure obligations or regulatory requirements.

“Input Data” means all data, information and content that the Customer or its users enter or provide via interfaces in the course of using the Services (e.g. source code, scripts, configuration files, specifications, requirements, test cases, documentation).

“Training Data” means Input Data that may, by contractual agreement, be used for (re)configuration, adaptation or improvement of the Advanced Simplifier AI Cloud Services (e.g. customer-specific code bases, project data, error reports, telemetry data).

Where the Customer uses open-source code or other third-party code as Input Data or Training Data, the Customer ensures that the applicable open-source licenses and other license terms are complied with, that no obligations are triggered that impair the operation or licensing of the platform or may lead to disclosure of the platform or its components (in particular “copyleft effects”), and that license notices, copyright notices, source code disclosure obligations and notice obligations with respect to its own products are properly fulfilled.

The Customer is responsible for verifying the suitability and correctness of AI-generated output in the respective use case.

The Customer decides on its own responsibility whether human review, validation or approval is required, in particular for material business decisions, regulated processes, legally relevant matters, safety-critical applications or financial processes. Simplifier assumes no responsibility for Customer decisions based solely or predominantly on AI-generated output. This is without prejudice to any obligations of Simplifier under Section 14.

Simplifier is not obliged to review the Customer’s Input Data or Training Data for legal or technical admissibility. Where there are concrete indications of legal infringements, Simplifier is entitled to block or prevent the processing of the affected data.

5.4 Customer Responsibility for Applications

The Customer remains responsible for the applications, workflows, Agents and business processes it creates or operates using the Services.

6. Customer Content and AI Data

6.1 Customer Content and Customer Data

“Customer Content” and other data processed by the Customer in the context of the Services (“Customer Data”) comprise all information submitted by or on behalf of the Customer to a Service or processed in the course of use, in particular:

prompts;
documents;
application data;
text;
instructions;
images;
files;
workflow data;
other information.

The Customer retains all rights it has in such content and data.

6.2 Rights to Content and Data

The Customer is responsible for ensuring that it has the necessary rights and legal basis to process and transmit the respective content and data.

6.3 Use of Customer Content and Customer Data

Customer Content and Customer Data may be processed to the extent necessary to:

provide the requested Service;
generate output;
operate and secure the Service;
perform usage measurement;
detect abuse;
fulfil contractual or legal obligations.

6.4 Use of Customer Content for Model Training

Unless otherwise expressly agreed, Simplifier does not use Customer Content to train or improve general-purpose AI models that are also made available to other customers or public users. Use of Customer Content for quality assurance, error analysis, abuse detection or security (e.g. logging, monitoring) remains permissible where this is necessary for providing and securing the Service and is permissible under data protection law.

Where Simplifier engages third-party providers (e.g. AI model providers, infrastructure providers), Simplifier concludes contractual agreements with them that restrict the use of Customer Content for training purposes to the agreed scope and work towards compliance with the relevant requirements of the GDPR and the AI Act, to the extent these apply to the third-party provider’s activities. This provision does not constitute a guarantee of full compliance by the third-party provider. Simplifier will not authorise third-party providers to use Customer Content for their own training purposes beyond what is necessary for service provision, unless the Customer has expressly consented to such use in advance.

6.5 AI Output

To the extent legally possible, Simplifier does not claim ownership of AI-generated content produced specifically in response to Customer Content. The Customer remains responsible for assessing whether third-party rights may be affected.

7. Sovereign AI Model Services

7.1 Definition and Scope of Services

Where a Service is expressly designated as a Sovereign AI Model Service, the specific scope of services of this sovereign operating model is determined exclusively by the service description and technical system documentation applicable to the respective Service. The service description and technical system documentation contain the information relevant to the respective Service, in particular regarding:

defined data residency;
controlled infrastructure;
private or dedicated model environments;
restricted data transfer;
defined model providers and subprocessors;
EU-based processing;
customer-isolated environments;
restrictions on use of Customer Content for model training.

The technical system documentation is provided in accordance with Section 21.

7.2 Limits of Assurance

The designation “Sovereign” covers only those characteristics expressly stated for the respective Service in the service description or technical system documentation. No general guarantee is given for all conceivable aspects of digital sovereignty, in particular not for:

a specific regulatory classification under the AI Act or other regulations;
the complete exclusion of any processing in third countries, unless expressly assured;
the classification of the AI systems used as non-high-risk systems.

7.3 Changes

Changes to the sovereign operating model are permitted only within the framework of the applicable service description and the procedures provided therein. Simplifier will notify the Customer in text form in good time before they take effect of any changes that materially affect the assured “Sovereign” characteristics.

8. AI Models and Service Changes

8.1 Model Updates

Simplifier may update AI models, model versions, routing mechanisms, infrastructure or model providers.

8.2 Replacement of Models

Simplifier may replace an AI model in particular for the following reasons:

security;
availability;
performance;
compliance;
technical compatibility;
model deprecation;
ensuring continued operation.

Simplifier will take reasonable measures to avoid a material reduction of the contracted functionality. Simplifier will inform the Customer in an appropriate manner of material changes to the AI models used that may significantly affect the agreed functionality.

8.3 Specifically Contracted Models

Where use of a specific AI model is expressly part of the agreed service, the provisions set out in the respective service description apply.

9. Technical Requirements

The minimum Simplifier version required for the respective Service is specified in the relevant product or service documentation.

Where technically required, after an update of the Simplifier platform or upon changes to the license, an authorised person of the Customer must retrieve the current license using the “Refresh License” function provided in the product.

An active Subscription is required for chargeable Services.

10. Account Responsibility

The Customer is obliged to keep access credentials confidential and to take reasonable measures to protect the account from unauthorized access. The Customer is generally responsible for activities performed using its user account unless the Customer demonstrates that misuse occurred without breach of its duties of care.

11. Contract Term, Renewal, Termination and Suspension

11.1 Service-Specific Contract Term

A service-specific minimum contract term applies to each Service. The applicable term is expressly stated in the service description or Subscription.

11.2 Subscription with Defined Billing Cycles

Where a contract term of 12 “billing cycles” is specified, the Customer enters into a binding Subscription covering twelve consecutive monthly billing periods. Billing is monthly; however, the Subscription can generally only be terminated at the end of the agreed term unless a different termination arrangement is expressly provided.

11.3 Automatic Renewal

Where automatic renewal is provided for a Subscription, the Subscription renews after expiry of the minimum contract term for the renewal period stated in the service description, unless the Customer terminates the Subscription with the notice period stated there to the end of the respective contract term.

If no different notice period is specified, a notice period of one month before the end of the current contract term applies.

11.4 Form of Termination

Terminations of Subscriptions require text form and may be submitted in particular via the cancellation functions provided in the Makers Club or by e-mail to the contact address designated by Simplifier.

11.5 Termination of the Makers Club Account

Termination or deletion of the Makers Club account does not automatically terminate existing Subscriptions. The Customer remains obliged to fulfil the obligations arising from the respective Subscriptions, in particular payment, until the end of the respective contract term.

For ongoing Subscriptions, these Terms continue to apply after termination or deletion of the Makers Club account until the respective Subscription has ended. If the Customer wishes to end all Subscriptions, it must terminate them separately in accordance with the applicable termination provisions.

11.6 Suspension for Other Reasons

This Section 11.6 applies in addition to Section 4.13. Simplifier may temporarily suspend access to a Service where there is a concrete, objectively verifiable risk to security or proper operation, or where the Customer has committed a material breach that is more than insignificant. Before suspension, Simplifier will issue a warning to the Customer setting a reasonable deadline for remedy, unless immediate suspension is exceptionally required to avert an acute danger, in particular in cases of justified suspicion of fraud, unauthorized use, significant security risks, unlawful use or significant risk to Simplifier or third-party systems.

Simplifier will limit the suspension to the extent necessary to avert the danger and will inform the Customer of the reason for and expected duration of the suspension.

11.7 Termination for Cause

The right of either party to terminate for good cause remains unaffected.

12. Acceptable Use

The Customer may not use the Services:

for unlawful purposes;
to violate third-party rights;
to distribute malware or malicious software;
to circumvent security or billing mechanisms;
to gain unauthorized access to systems;
to intentionally interfere with service operation;
or for use cases prohibited by law.

The Customer is responsible for verifying whether additional regulatory requirements apply to its specific AI use case.

13. Availability

Section 13 applies to chargeable Services.

Unless a separate Service Level Agreement has been agreed, Simplifier does not owe uninterrupted availability of the Service. Simplifier provides the Services within the scope of industry-standard technical and economic possibilities with the aim of high availability, but cannot rule out, in particular, short-term or temporary interruptions.

Temporary interruptions or restrictions may arise in particular due to:

maintenance;
updates;
security measures;
network problems;
infrastructure failures;
model-provider outages;
other circumstances outside Simplifier’s reasonable control.

Planned maintenance that is expected to lead to more than a brief interruption will be announced to the Customer in good time where possible.

Technical usage limits may result from service-specific service descriptions.

The Customer has claims only in the event of significant availability disruptions that are not merely brief and that materially impair contractual use, in accordance with statutory provisions or an agreed Service Level Agreement.

14. Liability

Simplifier is liable without limitation where liability is mandatory by law, in particular in cases of:

intent;
gross negligence;
injury to life, body or health;
other mandatory grounds of liability.

In cases of slight negligence, Simplifier is liable only for breach of material contractual obligations and limited to the foreseeable damage typical for the contract, which for chargeable Services regularly does not exceed the fees paid by the Customer for the respective Service in the last contract year. This does not apply to damage from injury to life, body or health or to claims under the German Product Liability Act. Further mandatory grounds of liability remain unaffected.

The probabilistic nature of AI-generated results does not in itself constitute a breach of guarantee unless Simplifier has expressly guaranteed the correctness of a specific AI output.

Simplifier’s liability for damage resulting exclusively from typical content errors in AI output (e.g. incorrect assessments, inaccurate analyses, varying responses) is excluded – except in cases of mandatory liability and subject to an express guarantee for a specific output. Simplifier’s liability for technical defects of the Service (e.g. permanent unavailability contrary to an agreed SLA, reproducible functional errors) remains unaffected, in accordance with statutory provisions and the foregoing provisions.

The Customer shall indemnify Simplifier against justified third-party claims resulting from unlawful use of the Services, to the extent attributable to the Customer’s sphere of responsibility.

15. Governing Law and Place of Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

To the extent legally permissible, the exclusive place of jurisdiction is Würzburg, Germany. The place of performance is Würzburg, Germany, unless otherwise agreed.

16. Data Protection and AI Compliance

16.1 Allocation of Roles

The Customer remains responsible for compliance with data protection requirements with respect to the data processing it initiates and is, in particular, the controller within the meaning of the GDPR for the processing of personal data in its own applications, workflows and business processes.

Where Simplifier processes personal data on behalf of the Customer, this is done on the basis of a separate data processing agreement pursuant to Art. 28 GDPR.

16.2 Data Processing and Subprocessors

Before the start of such processing, Simplifier and the Customer conclude a data processing agreement which in particular governs the subject matter of the processing, the categories of personal data and data subjects, the obligations and rights of the Customer, the technical and organisational measures, and the admissibility of engaging subprocessors.

Simplifier may engage service providers and subprocessors where necessary for providing the Services and provided the legal requirements – in particular under the GDPR – are met. The current list of material subprocessors will be made available to the Customer in an appropriate manner.

16.3 AI-Related Compliance

Depending on the deployment scenario, additional regulatory requirements may apply to the use of the Services (e.g. under the AI Act, industry regulations or professional regulations). The Customer is responsible for verifying whether its specific AI use case is subject to such requirements and for complying with them.

Simplifier will make available to the Customer, in an appropriate form, the information available in connection with the respective Services on the AI technologies used, their intended purpose and known limitations, to enable the Customer to carry out its own risk and compliance assessment. Simplifier does not provide any further advice or assume responsibility for compliance with customer-specific regulatory requirements.

For high-risk AI scenarios under the AI Act, the special provisions in Section 20 apply in addition.

17. Contact Information

For questions regarding the Services, the Customer may contact Simplifier through the Simplifier Support Portal or the contact channels provided in the Makers Club.

18. Data Portability and Termination of Contract

18.1 Return of Data and Export Options

After termination of the respective Subscription, the Customer is entitled, for a period of 30 calendar days, to retrieve its Customer Content and other Customer Data stored in connection with the Service (in particular, where held in the system, as well as service-specific configuration data) via the export or interface functions provided for this purpose, in a customary structured data format (e.g. CSV or JSON) for tabular/structured data or in a customary document format (e.g. PDF, DOCX) for document content, to the extent this is technically provided for and assigned to the respective Service.

There is no entitlement to the provision of proprietary system data, internal logs, log data or metadata that serve exclusively for the operation and security of the platform.

18.2 Deletion of Customer Data

After expiry of the period stated in Section 18.1, Simplifier is entitled to delete or anonymise remaining Customer Data from the production system, unless statutory retention obligations or legitimate interests (e.g. proof of proper performance, defence of claims) prevent this.

This covers productive Customer Data. Protocol, log and backup data are deleted or anonymised by Simplifier in accordance with the applicable retention periods and deletion concepts.

Where Simplifier processes personal data on behalf of the Customer, the provisions of the respective data processing agreement on deletion and return of data apply in addition.

18.3 Exit from Sovereign AI Model Services

For services expressly offered as Sovereign AI Model Services, additional exit provisions may be provided in the respective service agreement or service description, in particular regarding continuation or decommissioning of dedicated model environments, data migration to other infrastructures, and the treatment of customer-isolated environments.

Unless otherwise agreed, the foregoing provisions on data portability and deletion also apply to Sovereign AI Model Services.

18.4 Customer Cooperation

The Customer is obliged to cooperate to a reasonable extent in the exit process, in particular by using the export functions in good time, verifying the completeness of the transferred data and adapting its own systems to the data formats provided. Any further technical adaptation or integration effort by Simplifier is owed only where expressly agreed.

19. Audit and Information Rights of the Customer

19.1 Principle

Where the Customer is obliged by statutory requirements (in particular under the GDPR, the AI Act or industry-specific compliance requirements) or its own compliance policies to verify Simplifier’s compliance with certain requirements, Simplifier grants the Customer audit and information rights to the extent described below.

19.2 Nature of Audit Rights

The Customer’s audit rights are generally fulfilled through the following measures:

inspection of the current technical system description of the AI systems used;
provision of information on the technical and organisational measures taken, on subprocessors engaged and on data locations within the data protection and security documentation;
presentation of suitable certifications or third-party audit reports (e.g. ISO certifications, audit reports of data centre operators), where available.

19.3 On-Site Audits

On-site audits at the provider or its subprocessors are permissible only if

mandatory statutory requirements applicable to the Customer so require and
an audit based on the documents and information referred to in Section 19.2 is not sufficient.

On-site audits must be announced at least 30 calendar days before the desired date and coordinated with Simplifier. They must not unreasonably disrupt ongoing operations, must be limited to the necessary scope of audit and are subject to confidentiality obligations.

Simplifier may restrict audits by the Customer to being carried out by independent third parties (e.g. auditors or certified examiners).

19.4 Costs

Regular provision of information and inspection of standard documentation are covered by the fees. Additional audits, in particular on-site audits, that go beyond the usual level of compliance evidence in the respective industry and are initiated by the Customer are remunerated by the Customer to the extent Simplifier demonstrates reasonable effort, unless a material breach of duty by Simplifier is the reason for the audit. Where the reason for the audit is a material breach of duty by Simplifier substantiated by the Customer, Simplifier bears the costs to the extent the breach is established. Bearing of costs by the Customer does not affect any claims for established breaches of duty by Simplifier.

19.5 Protection of Confidential Information

Information about Simplifier’s systems and processes obtained in the course of audits is confidential and may only be used for the purposes of the Customer’s compliance review. Disclosure to third parties is permitted only if they are engaged to carry out the audit and are themselves subject to an appropriate confidentiality obligation.

20. AI Act High-Risk Scenarios

20.1 Classification of AI Systems

For certain Services, classification as a high-risk AI system under the AI Act or another risk classification under the AI Act may come into consideration. The respective classification depends on the specific intended purpose and use of the system by the Customer.

Where available, Simplifier provides the Customer with information on the typical risk classification of the AI technologies provided by Simplifier in the technical system description. A binding classification for the specific use of the system in the Customer’s business processes is the Customer’s responsibility.

20.2 Obligations in High-Risk Use

If the Customer uses a Service as part of a high-risk AI system within the meaning of the AI Act, the Customer is obliged

to review and comply with the relevant regulatory requirements of the AI Act;
to include the information provided by Simplifier on the technical functioning, performance and known limitations of the system in its own risk and compliance assessment;
to inform Simplifier if a system designed by the Customer is classified as a high-risk AI system and the Service is used as an essential component (e.g. core component of the decision-making process).

20.3 Support by Simplifier

Simplifier supports the Customer, within the scope of the available technical and organisational information, in fulfilling the transparency and documentation requirements of the AI Act, in particular by

providing the technical system description;
information on the nature and origin of the training data used, where available, legally permissible and not restricted by confidentiality obligations towards third parties or trade and business secrets;
references to existing risk assessments, validations and performance metrics.

Legal advice beyond this, or assumption of responsibility for full compliance with all of the Customer’s AI Act obligations, is not owed.

20.4 Allocation of Responsibility

Simplifier is responsible for the AI-Act-compliant design and operation of the AI modules and infrastructures for which Simplifier itself is responsible, to the extent the AI Act so provides. The Customer remains responsible for the AI-Act-compliant design, implementation and use of its own applications, workflows and business processes in which the Services are integrated.

21. Technical System Description and AI Documentation

21.1 Provision of a Technical System Description

For selected Services, in particular Sovereign AI Model Services or other AI deployment scenarios with increased regulatory requirements, Simplifier provides the Customer with a technical system description of the AI system used, in the version current at the time of conclusion of the contract, as an annex. This system description forms part of the technical system documentation referred to in Section 7. The system description contains in particular:

a description of the functionalities and intended purpose of the AI application;
information on the nature and origin of the training data used, where available, legally permissible and not restricted by confidentiality obligations towards third parties or trade and business secrets;
information on the model architecture and system logic to the extent this is possible without disclosing confidential or protected business information;
references to existing risk assessments, validations and any limitations of the system;
the metrics used for performance evaluation;
existing mechanisms for control and monitoring of the system by Simplifier.

21.2 Updates

Simplifier is obliged to update the technical system description to an appropriate extent upon relevant changes to the AI system and to make it available to the Customer in an appropriate form. There is no entitlement to disclosure of confidential or protected business information (e.g. detailed model architecture, proprietary training data).