1. Scope
These Terms and Conditions ("T&Cs") apply to all contracts, services, and products provided by
ProTwin by blue media labs ("ProTwin"), including but not
limited to:
- Expert Digital Twin creation and deployment services
- AI-powered knowledge processing and chat systems
- White-label platform access for implementation consultants
- Operation of websites, chat widgets, and web applications
- Cloud-based software solutions for expert knowledge deployment
Individual written agreements between ProTwin and the client take precedence over these T&Cs.
2. Contract Conclusion
A binding contract is formed when:
- The client accepts a written or electronic offer made by ProTwin, or
- The client places a written or electronic order that ProTwin confirms.
All offers are non-binding unless explicitly marked as binding.
3. Services and Deliverables
The scope of services is defined in the individual agreement between the client and ProTwin.
Service descriptions, project specifications, or written agreements shall be binding components of
the contract.
We reserve the right to make reasonable changes to our services if necessary to achieve the intended
result, as long as this does not unreasonably affect the client.
4. Expert Digital Twin Services
When providing Expert Digital Twin services:
- We create AI models based on provided expert knowledge and materials
- The expert retains ownership of their original knowledge and intellectual property
- AI models are created for the specific use cases agreed upon in the service contract
- We do not guarantee 100% accuracy of AI responses - they should supplement, not replace, professional judgment
5. Client Responsibilities
The client must:
- Provide all necessary information and access needed to perform the services
- Ensure they have rights to all knowledge and content provided for AI training
- Cooperate as required to complete the project successfully
- Ensure that no unlawful content or data is provided for use within any service
- Comply with all applicable laws and regulations regarding AI deployment and content distribution
If delays or additional costs occur due to missing or incorrect information, ProTwin may
adjust the agreed timelines and/or pricing accordingly.
6. Payment Terms
- All prices are net amounts in US Dollars, unless otherwise stated.
- Invoices are due within 14 calendar days of receipt, unless otherwise agreed.
- In case of late payment, ProTwin may charge statutory interest rates according to
applicable law.
7. Intellectual Property
Unless otherwise agreed in writing:
- Experts retain ownership of their original knowledge and intellectual property
- ProTwin retains rights to the AI platform, software, and technical infrastructure
- Clients receive usage rights to their specific AI implementations as defined in the service agreement
- White-label partners receive clearly defined usage and branding rights
Rights are only transferred to the client once full payment has been received.
8. Use of AI and Expert Knowledge Processing
When providing AI-powered expert knowledge services:
- We act as a service provider to experts and consultants
- We process expert knowledge strictly in accordance with agreed service parameters
- Clients are responsible for ensuring compliance with AI platform policies and applicable data protection laws
- We do not claim ownership of expert knowledge or trained AI models beyond platform usage rights
9. White-Label Platform Services
For implementation consultants using our white-label platform:
- Branding and customization rights are clearly defined in the partner agreement
- Multi-client management capabilities are provided as specified
- Platform access and usage limitations are outlined in the service level agreement
- Revenue sharing and payment terms are detailed in the partnership contract
10. Cloud Services and Hosting
When using our cloud-based services or hosting:
- We take reasonable technical and organizational measures to secure data and ensure availability
- However, absolute security and uninterrupted access cannot be guaranteed
- Scheduled maintenance or force majeure events may cause temporary unavailability
11. Liability
- ProTwin is liable without limitation for damages resulting from intent or gross
negligence
- For cases of slight negligence, liability is limited to typical foreseeable damages and only for
breaches of essential contractual obligations
- Liability for AI response accuracy is limited - users should verify critical information
- Liability for indirect damages, such as lost profits, is excluded unless explicitly agreed
otherwise
Mandatory liability under applicable law remains unaffected.
12. Data Protection
We process personal data according to applicable international data protection laws.
Please refer to our Privacy Policy for details.
13. Termination
Both parties may terminate the contract for good cause without notice if continuation becomes
unreasonable.
Otherwise, contracts are binding for the agreed term and can be terminated following the terms set
out in the individual agreement.
14. Applicable Law and Jurisdiction
- German law applies to all contractual relationships
- Exclusive place of jurisdiction for all disputes is Hannover, Germany, provided the client is a business entity
15. Severability Clause
If any provision of these T&Cs is or becomes invalid, the remaining provisions remain unaffected.
An invalid provision shall be replaced by a valid one that comes closest to the economic purpose
intended.