1. General Provisions

1.1 These Terms and Conditions (“T&C”) govern the use of the services provided by Hesse AI GmbH (Innstraße 69b, 94032 Passau, HRB 12308, District Court Passau, DE364599462) (“Hesse AI”) through the Studi.ai application (“App”). The services of Studi.ai are primarily provided via the App for mobile devices (iOS and Android) as well as via the website https://studi.ai/ (“Website”).

1.2 The “Studi.ai” App is available for free download, and the services are accessible via https://studi.ai/. However, full use of the services requires the conclusion of a paid subscription. Hesse AI offers these subscriptions through various distribution channels.

1.2.1 Hesse AI utilizes various payment service providers to distribute the services. Depending on the payment method, the customer enters into a contract either with Apple (via the Apple App Store), Google LLC (via the Google Play Store), or Paddle.com Inc. (3811 Ditmars Blvd, #1071, Astoria, NY 11105-1803, USA) (“Paddle”). These partners are responsible for billing, payment collection, and all contract-related inquiries from the user. The respective terms and conditions of the payment service provider apply:

a) Paddle: For subscriptions concluded via the Website, Paddle.com Inc., 3811 Ditmars Blvd, 1071, Astoria, NY 11105-1803, USA (“Paddle”) acts as the Merchant of Record. Accordingly, the customer does not enter into a contract with Hesse AI but acquires all services from Paddle. Paddle is responsible for billing, payment collection, and all contract-related inquiries from the user. The terms of Paddle apply, in particular the “Paddle Checkout Buyer Terms and Conditions,” available at paddle.com and https://www.paddle.com/legal-buyers/.

b) Apple: For subscriptions concluded via in-app purchases through the App in the Apple App Store, payments are processed by Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The Apple App Store terms of use apply, particularly the provisions regarding in-app purchases, available at apple.com/legal and the Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/).

c) Google: For subscriptions concluded via in-app purchases through the App in the Google Play Store, payments are processed by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The Google Play Store terms of use apply, particularly the provisions regarding in-app purchases, available at play.google.com/about/play-terms.

1.3 In addition to the terms and conditions of the respective payment service providers (Paddle, Apple, Google), these T&C apply to the use of Hesse AI’s software and services, provided they do not conflict with the terms of the payment service providers. In case of a conflict, the terms of the respective payment service provider take precedence with regard to payment, billing, and subscription contract administration.

2. Conclusion of the Contract

2.1 The presentation of the services in the App or on the Website (studi.ai) does not constitute a legally binding offer but an invitation to submit an order (invitatio ad offerendum).

2.2 By selecting a subscription and confirming the purchase (e.g., via the “Subscribe” button or a similar function) within the ordering process, the user submits a binding offer to book the displayed services. The contract is concluded once the user submits the offer and the respective payment service provider (Apple, Google, or Paddle) confirms the purchase in accordance with its platform guidelines. The user receives an order confirmation via email or directly in the App, depending on the platform.

3. Ordering Process and Correction of Input Errors

3.1 As part of the ordering process, the user selects a subscription in the App by clicking “Subscribe” or a similar button.

3.2 The user is then prompted to enter payment information, which is processed via the payment methods stored with Apple, Google, or Paddle, depending on the platform.

3.3 Before completing the purchase, the user is presented with an overview of the selected subscription. By confirming the purchase (e.g., via “Confirm Payment” or platform-specific buttons), the subscription is bindingly booked.

3.4 Input errors can be corrected before completing the purchase by canceling the ordering process (e.g., by closing the App or returning to the previous page) and starting anew. Platform-specific correction options are also available.

4. Services

4.1 The Studi.ai services utilize artificial intelligence (“AI”) to generate content or provide functionalities. Hesse AI does not guarantee the accuracy, completeness, or suitability of the generated results. The user acknowledges that AI-based results may contain errors and must be independently verified by the user.

4.2 The user is solely responsible for ensuring that the services and their results are suitable for the intended purposes and that they possess sufficient usage rights to any uploaded data. The user grants Hesse AI all rights necessary to provide the services with respect to the uploaded data.

5. Usage Conditions

5.1 Access to the services is personal and may not be transferred to third parties. Use is permitted exclusively via the user’s account on their mobile devices.

6. Subscription and Usage Limits

6.1 Studi.ai is offered exclusively as a paid monthly subscription. Use of Studi.ai with the paid version is unlimited during the subscription term. However, Hesse AI reserves the right to restrict access in cases of excessive use that significantly exceeds normal individual usage (“Fair Use Policy”).

6.2 The subscription includes the use of Studi.ai for a period of one month.

7. Payment Terms

7.1 The subscription fees are due immediately upon ordering and are billed monthly in advance.

7.2 Payment is processed as follows:  

- In-app purchases via Apple: Billing through the Apple App Store in accordance with its payment terms.  

- In-app purchases via Google: Billing through the Google Play Store in accordance with its payment terms.  

- Paddle: Billing directly by Paddle for use of the web version or alternative payment methods.

8. Term and Termination

8.1 The paid subscription has a term of one month and automatically renews for an additional month unless terminated in due time.

8.2 Termination can be initiated through the profile in the App. Alternatively, termination of the subscription may be effected via the respective platform:  

- Apple App Store: Through the subscription management in iOS settings (“Subscriptions” > “Studi.ai” > “Cancel Subscription”).  

- Google Play Store: Through the Play Store app (“Payments & Subscriptions” > “Subscriptions” > “Studi.ai” > “Cancel Subscription”).  

- Paddle: By email to support@paddle.com or via the Paddle customer portal, at least 48 hours before the end of the billing month (see Paddle terms at paddle.com).  

Direct termination with Hesse AI is not possible, as the contract is concluded with the respective payment service provider. However, for termination-related inquiries, we are available at support@hesse.ai.

9. Liability

9.1 Hesse AI is liable without limitation for intent and gross negligence. For simple negligence, Hesse AI is liable only in the event of a breach of a cardinal obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely), limited to the typically foreseeable damage under the contract.

9.2 The liability limitations do not apply in cases of fraudulent concealment of a defect, assumption of a guarantee, claims under the Product Liability Act, or damages arising from injury to life, body, or health.

9.3 To the extent that Hesse AI’s liability is limited or excluded, this also applies to the personal liability of its employees, representatives, and agents.

10. Right of Withdrawal

10.1 Consumers are entitled to a right of withdrawal in accordance with the withdrawal instructions provided in the annex.

10.2 We point out that the 14-day withdrawal right applies only to new contracts and not to automatically renewed subscriptions.

10.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

11. User Obligations

11.1 The user may not undertake any actions that could impair or excessively burden the operation of the App, the Website, or the underlying infrastructure (e.g., use of scripts, automated data retrieval, or data manipulation).

11.2 In the event of disruptions to the App, the user shall promptly notify Hesse AI via email at support@hesse.ai.

12. Amendments to the T&C

12.1 Hesse AI reserves the right to amend these T&C at any time. Continued use of the App or the Website studi.ai following such amendments shall constitute consent to the updated terms.

13. Data Protection

13.1 Hesse AI undertakes to process the user’s data in accordance with applicable data protection laws and the agreements with Apple, Google, and Paddle.

13.2 Hesse AI’s privacy policy is available within the App or on the Website at https://studi.ai/legal/datenschutz.

14. Final Provisions

14.1 The contractual terms, including details of the ordered services, these General Terms and Conditions, and the withdrawal instructions, will be provided to the user upon acceptance of the contract offer or notification thereof. Hesse AI does not store the contractual terms.

14.2 These T&C are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, if:

(a) the user has their habitual residence in Germany, or  

(b) the user has their habitual residence in a state that is not a member of the European Union.

14.3 If the user has their habitual residence in a member state of the European Union, German law shall also apply, provided that mandatory provisions of the state in which the user has their habitual residence remain unaffected.

14.4 The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Hesse AI’s email address is: support@hesse.ai.

14.5 Hesse AI is neither obliged nor willing to participate in dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).

14.6 Responsible for these services is Hesse AI GmbH, headquartered in Passau, registered in the commercial register of the District Court Passau under HRB 12308, with its business address at Innstraße 69b, 94032 Passau.

Withdrawal Instructions of Hesse AI GmbH

Last updated: March 20, 2025

1. Right of Withdrawal

As a consumer, you have the right to withdraw from this contract within fourteen days without stating any reasons. The withdrawal period is fourteen days from the date of conclusion of the contract.  

You may notify us (Hesse AI GmbH, support@hesse.ai), and we will forward your withdrawal request to the respective payment service provider. You may use the sample withdrawal form attached below, though its use is not mandatory. To meet the withdrawal deadline, it is sufficient to send your notification of exercising the right of withdrawal before the withdrawal period expires.  

Since the contract is concluded with the respective payment service provider (Apple, Google, or Paddle), you may alternatively direct your withdrawal to your respective payment service provider:  

- Apple: Via “Report a Problem” at reportaproblem.apple.com.  

- Google: Via the refund request in the Google Play Store.  

- Paddle: Via email to support@paddle.com.

2. Consequences of Withdrawal

If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this refund.  

If you have requested that the services commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal, compared to the total scope of services stipulated in the contract.

End of Withdrawal Instructions

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:  

Hesse AI GmbH  

Innstraße 69b  

94032 Passau  

Email address: support@hesse.ai  

— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):  

— Ordered on (*)/received on (*):  

— Name of the consumer(s):  

— Address of the consumer(s):  

— Signature of the consumer(s) (only if submitted in paper form):  

— Date:  

(*) Delete as applicable.