Terms of Service

Effective 2026-10-27.

1. Scope

1.1 These terms govern the use of Alpenware Inference (the “Service”), provided by Nikolay Kopylov, trading as Nikolay Kopylov Softwareentwicklung (alpenware), Lehrer-Wirth-Straße 42, 81829 München, Germany (“we”, “us”).

1.2 The Service is offered exclusively to businesses (Unternehmer within the meaning of § 14 BGB), legal entities under public law and special funds under public law (“Customer”). It is not available to consumers.

1.3 Conflicting or supplementary terms of the Customer do not apply, even if we do not expressly object to them.

1.4 Where the Customer accesses the Service through an inference marketplace or router, these terms govern the relationship between that marketplace and us. Pricing, billing and payment follow our agreement with the marketplace.

2. The Service

2.1 We provide API access to open-weight language and multimodal models developed by third parties. The API is compatible with the OpenAI chat completions format. The available models, their context limits and their prices are published in our marketplace listings or agreed individually.

2.2 Outputs are generated automatically by statistical models. They may be inaccurate, incomplete, outdated, biased or offensive, and similar inputs may produce different outputs. We do not warrant that outputs are correct or fit for any particular purpose. The Customer must review outputs before relying on them.

2.3 We may add, update or retire models and change technical parameters, such as quantisation, context length or rate limits, as models and hardware evolve. Customers with a direct contract will be notified of retirements in good time.

2.4 We aim for high availability but do not guarantee it unless a service level has been agreed in writing. We may restrict access temporarily for maintenance, for security reasons or to prevent overload.

3. API keys

The Customer keeps its API keys confidential and is responsible for all usage under its keys. It must inform us without undue delay if it suspects that a key has been compromised.

4. Prices and payment

For direct contracts, usage is invoiced monthly at the agreed prices and is payable within 14 days of the invoice date, without deduction. All prices are net. VAT is added where it applies; for cross-border services the reverse-charge rules apply.

5. Customer obligations

5.1 The Customer must:

• comply with our Acceptable Use Policy and with the licence and use policies of the models it uses;
• impose equivalent obligations on its own end users;
• ensure that its inputs do not infringe third-party rights or applicable law.

5.2 The Customer is responsible for its own legal obligations towards its end users. These include, where applicable:

• the transparency obligations for AI-generated content under Art. 50 of the EU AI Act;
• its obligations as controller under the GDPR.

We provide access to the models and are not their developer or provider within the meaning of the AI Act.

6. Data protection and confidentiality

We process request content only to generate the response. It is not stored, not used for training and not reviewed by humans. Our Data Processing Agreement is part of these terms, and our handling of other data is described in the Privacy Policy.

7. Rights in inputs and outputs

As between the parties, the Customer retains all rights in its inputs. To the extent outputs are capable of protection, they belong to the Customer. We do not warrant that outputs are free of third-party rights.

8. Suspension

We may suspend access, in whole or in part, where this is necessary because of:

• a breach of the Acceptable Use Policy;
• a threat to the security or stability of the Service;
• payment default;
• an order from an authority.

We will inform the Customer where possible and lift the suspension once the reason no longer applies.

9. Liability

9.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent we have given a guarantee.

9.2 For slight negligence, we are liable only for breach of an essential contractual obligation, that is, an obligation whose fulfilment makes proper performance of the contract possible and on which the Customer may regularly rely. This liability is limited to the damage that is foreseeable and typical for this type of contract, and in any case to the fees paid by the Customer in the twelve months before the damaging event.

9.3 Otherwise, liability for slight negligence is excluded.

9.4 These limitations also apply in favour of our representatives and agents.

10. Indemnity

The Customer indemnifies us against third-party claims, including reasonable costs of legal defence, that arise from:

• its inputs;
• its use or its end users' use of outputs;
• a breach of these terms or of the Acceptable Use Policy.

This does not apply where the Customer is not responsible for the claim.

11. Term and termination

Direct contracts run for an indefinite period. Either party may terminate them with 14 days' notice in text form. The right to terminate for good cause remains unaffected.

12. Changes to these terms

We may amend these terms with at least 30 days' notice to customers with a direct contract. If the Customer does not object within that period, the amended terms apply; we will point out this consequence in the notice.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The courts of München have exclusive jurisdiction if the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. If any provision is invalid, the remaining provisions stay in force.