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Terms

Terms of Service / Terms for wavebird.ai

Effective: 2026-02-15

1. Provider, scope

(1) These terms govern the use of the web application at wavebird.ai (the “Platform”).

(2) The provider of the platform is MC Squared UG (haftungsbeschränkt), Ruppertstraße 24, 80337 Munich (the “Provider”, “we”). Contact: info@wavebird.ai.

(3) These terms apply to end users of the platform, in particular to the chat/prompt service (“Users”). Currently, there are no external sponsors or B2B dashboard/billing features. If we introduce separate sponsor/B2B features in the future, separate terms will apply. Deviating user terms do not apply unless we expressly agree to them.

2. Service description

(1) The platform enables the use of AI functions (e.g., text/chat outputs, image generation) by connecting to external AI models via APIs of selected third-party providers (the “AI providers”).

(2) We currently use OpenAI as the AI provider. We may change, disable, or replace providers/models at any time (e.g., for technical, legal, or security reasons).

(3) Users enter inputs (e.g., prompts) into the platform. To generate AI output, these inputs are transmitted to OpenAI.

(4) The platform may display a clearly labeled sponsor or advertising area (e.g., banner/video), for example during technical wait times (latency) or in designated areas. Currently, these are the provider's own first-party contents (no external advertising partners). Sponsor placements are labeled as such and remain visually and substantively separate from AI output.

(5) There is no entitlement to specific functions, models, response quality, or availability.

3. Contract formation / platform use

(1) By accessing or using the platform, the user accepts these terms of use.

(2) Use is currently possible without registration. We reserve the right to introduce registration, usage quotas, rate limits, or premium features in the future.

(3) At present, the platform does not conclude a separate paid consumer distance contract for premium, subscription, or other paid end-user offers. If such offers are introduced, we will provide the required consumer information, withdrawal notices, and contract documents separately.

4. Transparency notes (AI interaction / AI content)

(1) Users are informed that they interact with an AI system and that content may be generated in whole or in part automatically.

(2) AI outputs are probabilistic and may be incomplete, incorrect, misleading, or outdated. Users are obliged to verify results independently, especially before using them in safety-related, financial, medical, or legal contexts.

(3) If the platform generates AI images or other synthetic content, these may be labeled as AI-generated.

5. Usage requirements / minimum age

(1) The platform is intended for users who are at least 16 years old.

(2) If you are under 18, you may use the platform only with permission from your parent or legal guardian.

(3) We may refuse or terminate use in whole or in part if there are indications that the platform is used contrary to these rules.

6. Advertising, sponsors, and independence from AI providers

(1) The platform may display clearly labeled sponsor or advertising content. Currently, these are the provider's own first-party contents (no external advertising partners).

(2) Advertising content is not part of the AI output. There is no collaboration, endorsement, or responsibility of AI providers for advertising content.

(3) The platform is not affiliated with OpenAI or endorsed by OpenAI unless expressly stated. Brands, names, and logos are the property of their respective rights holders.

7. User duties / prohibited use

(1) Users may use the platform only in accordance with applicable law and these terms.

(2) Prohibited in particular are:

  • - illegal content or actions (e.g., criminal content, copyright infringements, violations of personality rights),
  • - circumventing security mechanisms, disrupting or overloading the platform, automated mass use without approval,
  • - entering data that the user is not authorized to transmit,
  • - using the platform to create or distribute malware, fraud, deception, or other harmful acts,
  • - using the platform from countries/regions where the OpenAI API is not supported or is legally prohibited (e.g., sanctions/embargo regions), or offering/providing access from there.
  • - attempts to bypass protective measures, filters, or rate limits.

(3) Users should not enter sensitive data or special categories of personal data (e.g., health data) and should avoid confidential information where possible.

8. Special AI provider usage rules (passing on obligations)

(1) Use of the platform involves external AI providers. These providers have their own terms and policies. Where technically and organizationally possible, we pass on material restrictions to users.

(2) Users agree to comply with the following provider-specific restrictions (non-exhaustive). Violations may lead AI providers to restrict access; we may then restrict functions or suspend users:

(2a) This list is non-exhaustive. The current OpenAI terms and policies also apply, in particular: OpenAI Services Agreement (API): https://openai.com/policies/services-agreement/; OpenAI Service Terms: https://openai.com/policies/service-terms/; OpenAI Usage Policies: https://openai.com/policies/usage-policies/; Sharing & Publication Policy: https://openai.com/policies/sharing-publication-policy/.

a) OpenAI (API/Services):

  • - No use of the platform/outputs in violation of applicable law or OpenAI policies (especially the Usage Policies).
  • - No use that infringes third-party rights (e.g., copyright, trademark, personality rights).
  • - Minors may use the platform only with permission from a parent or legal guardian.
  • - No reverse engineering, no extraction of models/components, and no circumvention of technical protections.
  • - No use of AI outputs to develop or train competing AI models unless expressly permitted by OpenAI.
  • - No unauthorized data extraction outside the intended interfaces.
  • - No buying, selling, or transferring API keys; no sharing of credentials.
  • - No circumvention of rate limits/usage limits or bypass of safety mitigations/protective measures.

(3) We may deactivate or replace AI providers, models, or features at any time, especially due to changes in provider terms, security requirements, legal requirements, or technical reasons.

9. User content, rights, responsibility

(1) Users are solely responsible for their inputs (prompts) and their legality.

(2) To the extent required to provide the platform, users grant us the right to process their inputs and transmit them to OpenAI in order to deliver the requested service.

(3) AI outputs may affect third-party rights. Users are obliged to check AI outputs for third-party rights (e.g., copyrights, trademarks, personality rights) before publishing or using them in legal transactions.

(4) To the extent rights in AI outputs arise and are held by us, we grant you a non-exclusive, worldwide, royalty-free right to use the outputs (or transfer such rights to you), so you can use them. This does not apply where third-party rights conflict.

(5) Note: AI outputs may not be unique, and other users may receive similar or identical outputs.

10. Local storage (browser/localStorage)

(1) At present, chat histories and settings may be stored client-side in the browser (e.g., LocalStorage/Cache).

(2) Users can delete these data via browser functions and any platform-provided functions.

11. Availability, changes, rate limits

(1) We strive for high availability but do not owe uninterrupted availability.

(2) We may change, extend, restrict, or discontinue functions if required for objective reasons (e.g., security, abuse, technical development, legal requirements, provider changes).

(3) We may introduce usage restrictions (e.g., rate limits), in particular to prevent abuse and to cover costs.

12. Suspension / abuse

(1) In case of violations of these terms or suspected abuse, we may temporarily or permanently suspend access.

(2) In the event of serious violations, we reserve the right to take legal action.

13. Liability

(1) We are liable without limitation for intent and gross negligence as well as for injury to life, body, or health.

(2) In the event of slight negligence in breach of essential contractual obligations (“cardinal duties”), liability is limited to the typical, foreseeable damage.

(3) Otherwise, liability for slightly negligent breaches of duty is excluded.

(4) We are not liable for:

  • - decisions or actions taken by users based on AI outputs,
  • - the accuracy/completeness of AI outputs,
  • - failures/errors of external AI providers or other disruptions outside our control.

(5) Mandatory statutory liability remains unaffected.

14. Changes to these terms

We may adjust these terms if there is an objective reason (e.g., legal situation, technology, security requirements, provider terms). Changes will be published on the platform.

If changes affect ongoing registered, paid, or otherwise continuing user relationships, we will inform affected users in an appropriate manner before the changes take effect.

15. Consumer dispute resolution

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16. Final provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the user is a merchant, Munich shall be the exclusive place of jurisdiction.

(3) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.