AI Brand Advisor Terms of Use
1. Scope of Application
1.1 Extent of Regulation
These terms of use govern the relationship between Callies & Schewe Kommunikation GmbH (hereinafter “Provider”) and the users of the website hi-branding.de (hereinafter “Website”).
1.2 Target Group Commercial Users
In this context, “commercial users” refers exclusively to natural or legal persons who act in the exercise of their commercial or independent professional activity when using the website. This includes, among others, companies, freelancers, authorities, or associations. Private individuals are excluded from using the website. By accessing and using the website, you confirm that you are using the website in your capacity as a commercial user and are bound by these terms of use. If you do not wish or cannot use the website as a commercial user, you are not permitted to use the website. The provider reserves the right to verify the eligibility for use and to restrict or withdraw access to the website in case of non-compliance or suspicion of non-commercial use.
1.3 Exclusive Terms of Use
These terms of use apply exclusively; conflicting or differing conditions of the user are not recognized unless we have expressly agreed to their validity in writing. These terms of use also apply if we provide the service to the user without reservation knowing the user’s conditions that conflict or deviate from these terms of use.
Every use of the website is based on the version of these terms of use current at the time of use.
2. Services of the Website
2.1 Services
The website hi-branding.de offers commercial users a platform for initial brand consulting. These services include:
- Automated Analysis: Users are prompted to answer specific questions about their brand. These answers are automatically analyzed to generate initial strategic recommendations.
- Result Provision: The resulting recommendations are made available to users in the form of a report, which is offered for download via email.
- Optional Expert Consultation: At the explicit request of the user, there is the possibility to contact the agency Callies & Schewe directly to receive human feedback and professional assessments of the brand analysis.
2.2 Scope and Limitations of Use
The website is exclusively designed to offer the mentioned services in the field of brand consulting. Any use of the website and the information provided on it beyond this scope is not intended and is not supported. This includes, but is not limited to, detailed market analyses, comprehensive strategic planning, or legal consulting services. Any use of the website and the information for such purposes is at the user’s own risk.
2.3 Flexibility of Service Provision
This service description does not constitute a binding performance promise. Rather, it is intended to give the user an overview of the functionalities of the website generally available. The provider reserves the right to change, expand, or discontinue the services offered at any time, taking into account the interests of the users.
3. Data Processing
3.1 Use of the AI Brand Consultant
As part of the services of hi-branding.de, an AI-based brand consultant is used. This service utilizes interfaces (APIs) to OpenAI for processing natural language and creating brand analyses.
3.2 Data Collection and Use
Personal data, such as the user’s email address, are collected exclusively for transmitting the result of the AI consultation and are not part of the information shared with OpenAI.
3.3 Data Protection and Consent
No transfer of personal information or chat content to OpenAI is made. Users should ensure not to enter sensitive personal data during the use of the chat. Any data processing occurs after the user’s consent in accordance with Art. 6 Para. 1 S. 1 lit. a) GDPR.
3.4 Third Parties
OpenAI OpCo, LLC, 3180 18th St., San Francisco, CA 94110, USA. Further details on data processing and privacy policies can be found in our privacy statement at www.calliesundschewe.de/en/legal.
4. Contact by Callies & Schewe Kommunikation
4.1 Consent to Contact
Users of the website hi-branding.de have the opportunity to give their express consent to be contacted by Callies & Schewe Kommunikation GmbH. This contact may be for consulting and sales purposes, for example, to provide human feedback on the AI-supported brand analysis or to discuss further services.
Consent to contact can be given in the following ways:
- By ticking a corresponding consent box on the website.
- During the chat with our AI brand consultant.
4.2 Revocation
Your consent forms the legal basis for contact according to Art. 6 Para. 1 S. 1 lit. a) GDPR. You can revoke your consent at any time with effect for the future. A simple message to our above-mentioned email address or another offered contact option is sufficient. Please note that the revocation of consent does not affect the legality of the processing carried out based on the consent until the revocation.
5. Visitor Statistics
5.1 Anonymous Collection
The website hi-branding.de collects visitor statistics to analyze the use of the website and continuously improve the offering. This collection is done anonymously, i.e., the collected data does not allow direct personal identification of users.
5.2 Details on Collection
The exact details of the collection and processing of these visitor statistics, including the type of data collected and the use of cookies or similar technologies, can be found in our privacy statement at https://www.calliesundschewe.de/en/legal.
5.3 Additional Notes on Data Protection
We are committed to complying with data protection regulations and protecting the privacy of our users. The privacy statement provides comprehensive information about your rights and our obligations, as well as options for managing your data protection settings.
6. Data Deletion
6.1 Automated Deletion
The data collected during the use of hi-branding.de by commercial users is subject to automatic deletion after a predetermined period. This serves to protect your data and comply with our data protection obligations. Automatic deletion generally occurs 90 days after the last active use of the website by the user, unless legal retention obligations or legitimate business interests require longer storage, or the user has expressly consented to such storage.
6.2 Additional Notes on Data Deletion
Further details on data storage and deletion, including information about your rights regarding the personal data we process, can be found in our privacy policy at www.calliesundschewe.de/en/legal.
7. Cost of the Offer
7.1 Free of Charge Use
The use of AI-supported consulting functions on hi-branding.de is currently free of charge for commercial users. This fee waiver is exclusively for the automated analysis and the provision of the resulting recommendations.
7.2 Possible Costs for Direct Contact
If users wish to make direct contact with Callies & Schewe Kommunikation GmbH for personal feedback or additional services, costs may be incurred. In such a case, the user will be informed about the costs before using these services and will receive an appropriate cost estimate. An obligation to pay these costs arises only with the acceptance of the cost estimate by the user.
7.3 Reserved Right to Introduce Fees
Callies & Schewe Kommunikation GmbH reserves the right to introduce fees for the use of the website or individual services at a later date. Users will be informed in advance about such changes. Upon the introduction of new fees, users have the option to accept the new conditions or to refrain from further use of the services. Users who continue to use the services after the introduction of new fees are considered to have agreed to the changes.
8. Liability
8.1 Disclaimer of Warranty
Callies & Schewe Kommunikation GmbH provides information and AI-supported consulting on hi-branding.de. While we strive to ensure the accuracy, completeness, and timeliness of the contents on our website, we do not guarantee this.
8.2 Disclaimer of Liability for Usage Risks
The use of the information and AI consulting on hi-branding.de is at the user’s own risk. Liability for damages, direct or indirect, resulting from the use of the website and its contents, particularly from the application of the insights gained through AI consulting, is excluded to the extent legally permissible. This does not apply in cases of intent, gross negligence, or breach of essential contractual obligations by Callies & Schewe Kommunikation GmbH.
8.3 Non-binding Nature of Advice
We point out that the advice and recommendations provided on hi-branding.de are to be considered as non-binding hints and do not replace professional advice by experts. Decisions based on this information should be secured through professional advice. If you have any questions about liability or encounter problems using our website, please contact us using the contact details mentioned above.
9. Data Protection and Information Obligations
9.1 Data Protection Policy
Callies & Schewe Kommunikation GmbH takes the protection of personal data very seriously and strictly adheres to the rules of data protection laws. For the processing of personal data on hi-branding.de, our data protection policies apply, which can be viewed at www.calliesundschewe.de/en/legal. These policies inform you about the nature, scope, and purpose of the collection, processing, and use of personal data on our website.
9.2 User Obligations
As a user, you are responsible for complying with all legal information and notification obligations arising from the use of content created with AI, or from the processing of data used through the services of hi-branding.de. This refers to all existing and future legal requirements.
10. Granting of Usage Rights
10.1 Scope of Usage Rights
By using hi-branding.de, you grant Callies & Schewe Kommunikation GmbH the necessary usage rights to the content you provide, to the extent necessary for the provision of our services. This includes, in particular, the right to store the content on our servers and the right to create backup copies as part of the usual data backup.
10.2 Rights to AI-generated Content
You receive the usage and exploitation rights to the content generated by the AI software on hi-branding.de to the extent that these rights have been transferred to Callies & Schewe Kommunikation GmbH by the licensors. Further transfer or limitation of these rights does not take place without your consent.
10.3 Use of Trademarks and Intellectual Property
The company names, logos, product names, brands, trademarks, and legally protected graphics, images, and texts provided as part of the use of hi-branding.de may not be used without the express consent of Callies & Schewe Kommunikation GmbH or the respective right holders. Any use outside the individual consulting results and recommendations or beyond the legal limits requires a separate licensing agreement.
11. Contractual Use
11.1 Purpose of Use
The use of hi-branding.de is permitted exclusively for the individual contractual purposes. Any use of the website and the services offered on it outside the agreed framework is prohibited.
11.2 Access Restrictions
Access to hi-branding.de may only occur through the officially provided interfaces and input forms. Any automated retrieval of information, especially through bots, robots, spiders, or crawlers, without prior written consent from Callies & Schewe Kommunikation GmbH, is prohibited.
11.3 Prohibited Content
It is not permitted to upload or distribute content on hi-branding.de that infringes the rights of third parties, particularly copyrighted works, unless the necessary rights or permissions are available.
11.4 Protection of the Website
Callies & Schewe Kommunikation GmbH reserves the right to take all necessary technical and legal steps to ensure compliance with these Terms of Use and to prevent misuse of the website.
11.5 Consequences of Violations
Violations of these Terms of Use can have serious consequences, including, but not limited to, immediate termination of the user contract, blocking access to hi-branding.de, and possible claims for damages.
12. Copyright and Intellectual Property
12.1 Protection and Use of Intellectual Property
The website hi-branding.de and its entire content, including texts, graphics, logos, images, audio clips, digital downloads, and software, are the property of Callies & Schewe Kommunikation GmbH or its content providers. These contents are protected by German and international copyright and trademark law. Users are granted the right to use the analyses and recommendations generated on hi-branding.de as part of the AI-based consulting for their brand, provided this use is in accordance with the usage rights granted to Callies & Schewe Kommunikation GmbH by OpenAI OpCo, LLC.
12.2 Limited License for Use of Consulting Content
Users may use the analyses and recommendations provided to them for their own company brand, product brand, or employer brand within their normal business operations. This use is limited to internal business activities and may not be used for commercial purposes outside of their own company without additional licensing or approval from Callies & Schewe Kommunikation GmbH or the respective rights holders.
12.3 Compliance with Usage Rights
Users agree not to duplicate, distribute, or otherwise commercially use content from hi-branding.de unless they have express permission from Callies & Schewe Kommunikation GmbH or it is permitted within the scope of the usage rights granted by the AI consulting.
12.4 Respecting Third-Party Rights
Users commit to respecting the copyright, trademark, and other protective rights of third parties and not to upload, post, or otherwise distribute content on hi-branding.de that could infringe upon the rights of third parties.
13. Changes to the Terms of Use
13.1 Right to Amend
Callies & Schewe Kommunikation GmbH reserves the right to change the terms of use for hi-branding.de at any time and without prior notice. Changes may become necessary for legal reasons, due to changes in services, or for other valid reasons.
13.2 Notification Obligation for Significant Changes
If significant changes are made to the terms of use, users will be informed via the email address they provided. Continued use of the website after such changes constitutes acceptance of the new terms.
13.3 Consent Requirement for Changes in Use
If the changes require active consent from users, hi-branding.de will ask users to agree to the revised version of the terms of use before they can continue accessing the services.
13.4 Access to Current Terms of Use
The current version of the terms of use can be viewed on the website. Users are obliged to regularly inform themselves about changes.
14. Jurisdiction and Applicable Law
14.1 Applicable Law
For these terms of use and the use of the website hi-branding.de, the contractual relationship is subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Jurisdiction
For all disputes arising from or in connection with the use of hi-branding.de, the business location of Callies & Schewe Kommunikation GmbH in Mannheim is agreed as the exclusive jurisdiction, to the extent legally permissible.
14.3 Alternative Dispute Resolution
Callies & Schewe Kommunikation GmbH points out that they are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board, as the offer of hi-branding.de is exclusively aimed at commercial users.
15. Final Provisions
15.1 Severability Clause
If individual provisions of these terms of use are wholly or partially invalid or become so, this shall not affect the validity of the remaining provisions. In place of the invalid provision, an effective provision is deemed agreed upon, which comes closest in a legally permissible manner to the economic intent and purpose of the invalid provision. The same applies in the case of a gap in these terms of use.
15.2 No Waiver
The failure of Callies & Schewe Kommunikation GmbH to demand or enforce a right or provision of the terms of use does not constitute a waiver of such right or provision.