Terms of Service

These Terms of Service apply to all contracts concerning the software and services of XBANQ GmbH, Neuhofer Weg 2, 91257 Pegnitz, registered in the commercial register of the Amtsgericht Bayreuth under HRB 7639 (“XBANQ”). They apply to businesses, legal entities under public law, and consumers; for consumers they apply only insofar as mandatory consumer protection law does not provide otherwise. Deviating terms of the customer are not recognised unless XBANQ expressly agrees to them in writing

The subject matter is the provision of XBANQ software as a service: agent infrastructure (including XBANQ® Work OS and XBANQ® Pulse) and, on separate pages, licence models for city systems. The concrete scope of functions follows the respective product page and the booked plan. XBANQ owes the provision of the software, not specific commercial results for the customer.

The contract is concluded when an order via the website or the console is accepted and confirmed — for paid plans with the order confirmation or the provisioning, for free accounts with the activation. Before concluding the contract you can save and print these terms. The contract language is German; the English and Polish versions are provided as a courtesy and the German version prevails.

Use requires an account. You are responsible for keeping your credentials confidential and will report apparent misuse to XBANQ without delay. Business customers are responsible for the users they invite to their account and for those users' actions under the contract. Sharing the account with third parties is not permitted without XBANQ's consent.

The software works with AI agents that execute tasks autonomously. Two principles apply without exception: First, every outward action — a social media post, a release, a payment — passes an approval gate in which a human decides (“human authority”). Second, AI-generated output can contain errors; verify it before commercial or legal use. Interaction with AI systems is disclosed (Article 50 (1) of the EU AI Act); the voices on the public demo are computer-generated

You provide the information and approvals required for the contractual use, and you ensure that the content and instructions you supply neither infringe third-party rights nor violate applicable law. You remain responsible for the content you make available to the software.

Prices shown in the store include value added tax. Individually contracted licences — city systems in particular — are the net amounts stated in the respective offer, plus value added tax. The VAT identification number will be supplied once assigned. Billing and payment run through our payment provider Stripe; the payment methods and terms shown on the respective product page apply. If a customer is more than 30 days in arrears, XBANQ may suspend provisioning after notice and block access once a deadline has passed.

Free accounts are available for an indefinite period and can be cancelled at any time. Paid plans run for the booked period (monthly or yearly) and do not auto-renew unless the product page states otherwise; termination at the end of the period is possible at any time. Statutory termination rights remain unaffected. After the contract ends you can export your data on request; at the latest 30 days after the end of the contract the data is deleted unless statutory retention duties apply.

For the term of the contract you receive the simple, non-transferable and non-sublicensable right to use the software for your contractual purpose. The software and its documentation remain the intellectual property of XBANQ; no ownership rights are transferred. Your own content remains your property.

The software must not be misused — in particular not for unlawful content, for attacks on third-party or XBANQ infrastructure, for circumventing technical protection measures, or for commercially cloning the software itself. Agent-infrastructure capacity is granted for the contractual purpose; excessive, operation-disrupting consumption may be throttled after notice.

XBANQ strives for high availability of the services but — absent an express written commitment — guarantees no specific availability figure. Maintenance and further development can cause temporary interruptions; planned maintenance is announced where possible.

If the software is defective you may demand subsequent performance; defect notices go to hello@xbanq.com. For businesses the inspection and notice duties of § 377 of the German Commercial Code apply. Statutory defect rights remain otherwise unaffected.

XBANQ is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and in cases of fraudulent concealment. For simple negligence XBANQ is liable only for breach of an essential contractual obligation — one whose fulfilment enables the proper performance of the contract in the first place — and limited to the damage typical for the contract and foreseeable at its conclusion. For consumers the statutory liability rules apply in full; the foregoing limitation does not apply where mandatory law provides otherwise.

The processing of personal data follows the privacy policy at /datenschutz. Where XBANQ processes data on behalf of a customer, a data processing agreement applies and is provided on request.

Consumers have a fourteen-day right of withdrawal for contracts on digital products not supplied on a physical medium. Because the software is provided immediately after conclusion of the contract, you lose the right of withdrawal once you have expressly consented to immediate performance and acknowledged that the right expires with full performance. This consent is expressly obtained when a paid plan is ordered.

Withdrawal instruction: You have the right to withdraw from this contract within fourteen days without giving reasons. The period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, inform us — XBANQ GmbH, Neuhofer Weg 2, 91257 Pegnitz, hello@xbanq.com — by means of a clear statement of your decision. Sending the notice in time is sufficient. In the event of withdrawal we refund all payments without delay, at the latest within fourteen days of receiving the withdrawal notice.

German law applies; the UN Convention on Contracts for the International Sale of Goods does not. For businesses the place of jurisdiction is Bayreuth and the language of the contract is German; consumers can always use the EU online dispute resolution platform at https://ec.europa.eu/consumers/odr. Should a provision be invalid, the validity of the remaining provisions is unaffected; the statutory rule takes the invalid provision's place. Changes to these terms are published on this page; for running paid plans, changes to their detriment apply only after notice with a reasonable period.