Terms of Service

These terms govern pagent (the "Service"), provided by aihumin GmbH, Am Hauptbahnhof 6, 53111 Bonn, Germany ("we," "us"), to the business you represent ("you"). They apply when you start a trial or create a pagent account, and to every paid plan. A signed agreement between us prevails over these terms where the two conflict. Your own terms and conditions do not apply, even if we do not object to them.

1. The Service

pagent proposes hypotheses for your website, builds the variants as code, runs A/B tests through a JavaScript snippet (the "SDK") on your website and reports the results. The features of your plan are those described in your order and in the product documentation at the time of your order. We develop the Service continuously and may change it, as long as we do not materially reduce the features of a paid plan during its term.

2. Businesses only

The Service is offered to businesses only (entrepreneurs within the meaning of § 14 of the German Civil Code), not to consumers. By accepting these terms you confirm that you act in the exercise of your trade, business or profession, and that you may bind the business you sign up for.

3. Trials

If you sign up yourself, your organisation can try pagent free of charge for 14 days with one page and one test at a time; a test starts once the SDK is installed on your website. We ask for no payment details, and the trial never turns into a paid plan on its own. When it ends, we pause running tests, and you can start new ones after choosing a paid plan. A trial or pilot agreed with our team runs on the scope and dates agreed with you. We may decline or end a self-serve trial at our discretion, for example on misuse.

After a trial, your account stays open free of charge with limited features until you close it. We may close an account that has had no paid plan and no use for six months, after telling you in text form at least four weeks beforehand. Section 12 then applies.

4. Paid plans and fees

Fees, plan scope (such as monthly unique visitors), billing period and term are set out in your order: the quote you accept, an order form, or the plan you choose in pagent. Unless your order says otherwise, prices are net of statutory VAT, invoices are due within 14 days, and a plan renews for its billing period unless either party cancels with one month's notice before the period ends.

We may change fees for a renewal period by telling you in text form at least six weeks before it starts. If you do not agree, you may cancel at any time before the renewal date, with effect from the end of the current period, regardless of the notice period above. If an invoice remains unpaid after a reminder, we may suspend the Service until it is paid.

5. Your website, the SDK and changes to your site

You install the SDK on websites you control and may remove it at any time, which ends all tests on that website. You are responsible for having the right to change those websites and for your own legal texts, such as a privacy policy and, where § 25 of the German Telecommunications Digital Services Data Protection Act (TDDDG) or comparable law requires it, your visitors' consent for the SDK.

Changes reach your visitors only after you or your team approve them, or as your approval settings in pagent allow. Approved variants are published on your behalf: please check them, in particular any claims, prices and legal statements, before you approve them.

6. AI-generated output

Hypotheses, copy, images, code and analyses are generated with the help of AI models. They can be incorrect or incomplete, and similar output may be generated for others. Test results are statistical estimates. We do not guarantee any particular uplift or business outcome. You are responsible for any labelling of AI-generated content that applies to your website.

7. Your content and data

You keep all rights in your content, including your website content, brand guidelines, uploads and the data the SDK collects on your website ("Your Content"). You allow us to use Your Content only as far as needed to provide, secure and support the Service for you. We may use aggregated, anonymised usage data to operate and improve pagent.

To generate hypotheses, variants, images and analyses, we send the parts of Your Content each task needs to AI model providers we use as subprocessors (currently OpenAI, Anthropic and Google). We use their business APIs, under terms that do not allow them to train their models on that data, and we do not use Your Content to train AI models ourselves.

Where we process personal data on your behalf, we do so as your processor under a data processing agreement pursuant to Art. 28 GDPR, which forms part of these terms and which we provide on request. Do not send special categories of personal data (Art. 9 GDPR), payment card data or government identifiers to pagent. Our Privacy Policy has more on how we handle personal data.

8. Accounts and acceptable use

Keep your login credentials confidential and tell us promptly if you suspect misuse. You are responsible for the people you invite to your organisation. Do not use the Service to break the law, to change websites you are not entitled to change, to access accounts or data without authorisation, to probe, overload or disrupt the Service, to resell it, or to build a competing product. Do not reverse-engineer, decompile or disassemble pagent except where the law expressly allows it. We may suspend access where this is needed to protect you, other customers or the Service, and will tell you beforehand where we reasonably can.

9. Rights in pagent

We keep all rights in pagent, the SDK and their documentation. For the duration of your trial or plan you receive a non-exclusive, non-transferable right to use the Service for your own business. If you send us feedback, we may use it without restriction. We name you as a customer only with your consent.

10. Availability, defects and support

We operate the Service with the care customary in the industry, but cannot guarantee uninterrupted availability. Maintenance may briefly limit access. No service level applies unless your order says otherwise. Features labelled beta, preview or experimental are provided for evaluation and may change or be withdrawn.

Please report defects in text form with a description that lets us reproduce them. We remedy defects of the Service within a reasonable time. You may reduce fees because of a defect only if we agree or a court has confirmed the reduction; your right to reclaim fees paid in excess remains unaffected. For support, write to contact@pagent.ai.

11. Confidentiality

Each party keeps the other's non-public business information confidential, uses it only for this contract, and shares it only with employees, advisors and subcontractors who need it and are bound to confidentiality. This does not apply to information that is or becomes public without fault of the recipient, that the recipient already had or developed independently, or that must be disclosed by law. These obligations continue for three years after the contract ends.

12. Term and termination

Trials run as described in Section 3, and paid plans as set out in Section 4. You may close your account at any time; closing it does not end a running paid term early, and fees for that term remain payable. Either party may terminate for good cause without notice. Notices of termination must be given in text form, for example by email.

When the contract ends or your account is closed, your access ends. On request before then, we provide an export of your test results. We delete Your Content within 60 days afterwards, unless the law requires us to keep it.

13. Liability

We are liable without limitation for injury to life, body or health, for intent and gross negligence, under the German Product Liability Act, for fraudulent concealment, and under guarantees we have given.

For use free of charge, including the trial, our liability is limited to the cases in the previous paragraph.

Otherwise, we are liable only for the slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of these terms possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for this kind of service and capped at the fees paid or payable for the Service for the twelve (12) months preceding the event giving rise to the claim. Any further liability is excluded. Strict liability for defects that existed when the contract was concluded (§ 536a (1) of the German Civil Code) is excluded.

For loss of data you can reasonably back up yourself, we are liable only to the extent the loss would also have occurred with proper, state-of-the-art backups on your side. Claims under this section, other than under its first paragraph, become time-barred one year after the statutory start of the limitation period.

You indemnify us against third-party claims arising from Your Content or from changes you approved for your website, to the extent you are responsible for the underlying breach.

14. Changes to these terms

We may amend these terms with effect for the future where changes to the Service, the law or the technical environment justify it and the amendment is reasonable for you, taking your interests into account. Amendments to fees, to essential features of a paid plan, or to Sections 13 and 15 require your active consent. We will announce amendments in text form at least six (6) weeks before they take effect. If you do not object within that period, the amended terms are deemed accepted; the announcement will point out this consequence. If you object, either party may terminate the contract with effect from the date the amendments would take effect.

15. General

These terms, and any dispute arising out of or in connection with them, are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the courts of Bonn, Germany, have exclusive jurisdiction. We remain entitled to bring proceedings at your general place of jurisdiction.

You may transfer this contract to a third party only with our consent. If a provision of these terms is or becomes invalid, the remaining provisions stay unaffected. The use of the pagent MCP connector is additionally governed by the MCP Connector Terms. A German translation of these terms is available; the English version prevails.

Questions about these terms: contact@pagent.ai. Company details: Imprint.

Parts of these terms are adapted from the Common Paper Cloud Service Agreement(version 2.1) by Common Paper, Inc., licensed under CC BY 4.0, and were changed for German law and for pagent.