Terms of Service

Version 1.0 · Last updated 13 September 2026 · Canonical URL: https://airhive.ai/legal/terms

1. Parties, scope and contract structure

These Terms of Service (the "Terms") form a binding agreement between Airhive GmbH, Eckernwoort 16, 22607 Hamburg, Germany, registered with the commercial register of the Local Court (Amtsgericht) of Hamburg under HRB 199886, represented by its managing director Daniel Dede ("Airhive", "we", "us" or "our"), and the person or organisation that creates an account, accepts these Terms, purchases a subscription or otherwise uses the Service ("Customer", "you" or "your").

If an individual uses the Service on behalf of a company, association, public authority or other organisation, that individual confirms that they have authority to bind that organisation. The organisation is then the Customer, and the individual is an Authorised User.

These Terms apply to the public website at airhive.ai, the web application at dash.airhive.ai, mobile applications, APIs, email-in functions, cloud-source connections, document workspaces, hives, review workflows, AI-assisted features, agent functions, instruction sets, external connectors and related services made available by Airhive.

The following documents form part of the agreement and are incorporated by reference: the Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund and Cancellation Policy, the AI Transparency Notice and, where Airhive processes personal data for a Customer, the Data Processing Agreement ("DPA"). Each document is published at its canonical URL under https://airhive.ai/legal/.

If there is a conflict, the following order of precedence applies: (a) on data-protection matters, the DPA prevails over every other document, including an order form, unless the order form expressly refers to the DPA provision it replaces and provides at least equivalent protection for data subjects; (b) on all other matters, an individually signed order form or enterprise agreement prevails over these Terms; (c) these Terms prevail over the supporting policies.

2. Definitions

• Account: the access credentials and profile through which a Customer or Authorised User accesses the Service.
• Administrator: a Customer representative with authority to manage a Workspace, users, permissions, billing, AI access, connectors and other settings.
• AI Features: Airhive features using machine learning, generative AI or automated processing, including OCR, classification, naming, metadata and entity extraction, document chat, semantic search, lifecycle analysis, suggestions and agent-assisted organisation.
• Authorised User: an individual permitted by the Customer to use the Service under the Customer's Account or Workspace.
• Business Customer: a Customer acting predominantly for trade, business, craft, professional, public-sector or organisational purposes (an entrepreneur within the meaning of § 14 of the German Civil Code, BGB).
• Connected Service: a third-party storage, identity, payment, automation, communications, AI or other service connected to or used with Airhive.
• Consumer: an individual acting predominantly outside their trade, business, craft or profession (§ 13 BGB).
• Customer Content: all files, documents, data, text, metadata, prompts, comments, instructions, tags, hives, workspace structures, outputs and other materials uploaded, submitted, generated, organised, transmitted or processed through the Service by or for the Customer.
• Documentation: user guides, product descriptions, security information and technical materials made available by Airhive.
• Generated Output: a classification, suggested title, extraction, summary, answer, recommendation, organisational proposal or other output produced by an AI Feature.
• Hive: an organisational view, collection or structure applied to files. A file may appear in multiple Hives without being duplicated.
• Plan: a free, personal, professional, team, enterprise or other subscription tier with specified features, limits and pricing.
• Service: the Airhive services described in these Terms, including the website, applications, Workspaces, AI Features and related functionality.
• Workspace: a logically separated environment containing Customer Content, users, permissions, Hives, settings, logs and feature configurations.

3. Eligibility, registration and account security

You must be at least 18 years old to purchase a paid Plan or to act as the Customer for a paid subscription. Individuals aged 16 or 17 may create an Account on a free Plan only with the consent of a parent or legal guardian. Airhive is not designed for, and may not be used by, persons under 16. If the law governing your contract requires a higher age or an additional authorisation, that requirement applies.

You must provide accurate, current and complete registration and billing information and keep it updated. You may not register using a false identity, impersonate another person or create an Account for a person or organisation without authority.

You are responsible for safeguarding credentials, multi-factor authentication devices and recovery methods. Credentials may not be shared except through authorised team or guest functions. You must notify security@airhive.ai without undue delay if you suspect compromise, unauthorised access or misuse.

The Customer is responsible for activity carried out through its Account and for the acts and omissions of its Authorised Users, except to the extent caused by Airhive's breach or by circumstances for which the Customer is not legally responsible.

4. The Service and product architecture

Airhive is a document management and knowledge workspace designed to help users capture, upload, synchronise, store, organise, search, review, share, analyse and retrieve digital information. The Service may include manual upload, email-in, cloud sync, mobile capture, OCR, metadata extraction, full-text search, entity detection, Hives and sub-Hives, title templates, review queues, audit logs, lifecycle views, instruction sets and AI-assisted workflows.

Hives are views over Customer Content. Unless the interface expressly states otherwise, removing a file from a Hive, merging Hives, archiving a Hive or deleting a Hive does not delete the underlying file. Deleting a file, Workspace or Account is a separate action and may have irreversible consequences.

The Service may separate data by Workspace. Plan selection, billing, storage limits, members, guest rights, AI access, connectors and data boundaries may be configured per Workspace. The Customer is responsible for selecting the appropriate Workspace and confirming the data boundary before uploading or sharing content.

Feature descriptions, screenshots, prototypes, roadmaps and beta demonstrations are illustrative and do not create a commitment to release a feature by a particular date unless expressly agreed in writing.

5. Plans, usage limits and fair use

Each Plan may include limits on storage, documents, file size, users, guests, Workspaces, sources, AI or agent requests, API calls, processing volume, retention, support and other features. Current limits are displayed on the pricing page, in the order form or in the account area and form part of the applicable Plan. For Consumers, the limits stated in the Plan description at the time of purchase are the agreed characteristics of the Service.

Usage is measured using Airhive's systems. Reasonable technical variations, indexing overhead, backup overhead and metadata may be included where stated in the product interface. Attempts to evade limits by creating multiple Accounts, fragmenting content, automating abusive requests or otherwise circumventing controls are prohibited.

Where usage materially exceeds a Plan limit, Airhive may request an upgrade, restrict the affected feature, throttle processing or prevent new uploads. Airhive will not delete Customer Content solely because of a downgrade without first providing reasonable notice and an opportunity to export, delete or reduce usage, unless urgent action is required for security, law or abuse prevention.

For Business Customers, Airhive may apply reasonable fair-use controls to features described as unlimited where necessary to prevent automated abuse, disproportionate infrastructure consumption or degradation for other customers. Any such controls will be applied reasonably, consistently with the Plan description and only to the extent necessary. For Consumers, a feature described as unlimited is unlimited within ordinary personal use; Airhive may only intervene against automated abuse or use in breach of the Acceptable Use Policy.

6. Workspaces, administrators, members and guests

Administrators control Workspace membership, roles, permissions, sharing, AI visibility, connectors, instructions and other settings. The Customer must assign Administrator rights only to trusted persons and promptly revoke access when a person no longer requires it.

Authorised Users may have different rights, such as Owner, Administrator, Member or Guest, and access may be restricted to selected Hives or files. The Customer is responsible for configuring permissions in accordance with confidentiality, data-protection and internal-governance requirements.

A guest or invited collaborator may receive access without becoming a paying seat where the Plan permits. The Customer remains responsible for deciding what the guest can see and for ensuring the guest is legally authorised to receive the relevant Customer Content.

Airhive may rely on instructions given by an Administrator as authorised instructions of the Customer. If there is an ownership or control dispute, Airhive may temporarily restrict administrative changes and require reasonable evidence of authority before acting.

7. Uploads, sources, sharing and public links

You may upload files manually or import them through email-in, connected cloud folders, APIs, mobile capture or other supported sources. You are responsible for source configuration, access rights and ensuring that imported content may lawfully be transferred to Airhive.

When Customer Content is shared with another user, guest, public-link recipient or Connected Service, the sharing occurs at the Customer's direction. Airhive is not responsible for a recipient's independent use after authorised disclosure, except where Airhive has separately assumed responsibility or mandatory law provides otherwise.

Shared links may be copied, forwarded or accessed by unintended recipients. Use expiration, authentication, download restrictions and other controls where available. Do not use public links for highly sensitive, regulated or legally privileged information unless the Customer has assessed the risks and configured appropriate controls.

Email-in addresses and upload links must be treated as credentials. The Customer must rotate or disable them if disclosed or misused.

8. Customer Content, ownership and permissions

As between the parties, the Customer retains all rights in Customer Content. Airhive does not acquire ownership of Customer Content merely because it is uploaded, processed or organised through the Service.

The Customer grants Airhive and its authorised subprocessors a non-exclusive, worldwide, royalty-free licence for the duration of the agreement to host, reproduce, transmit, index, convert, display, analyse, secure, back up and otherwise process Customer Content only as necessary to provide, support, secure and maintain the Service, comply with Customer instructions, prevent abuse or comply with law. This licence does not extend to using Customer Content for product development or for training any model.

The Customer represents that it has all rights, licences, notices, consents, permissions and lawful bases required to upload, process, share and instruct Airhive to process Customer Content. This includes rights relating to personal data, copyright, database rights, confidentiality, trade secrets and third-party contractual restrictions.

No training on Customer Content. Airhive does not use Customer Content to train, fine-tune, evaluate or otherwise improve any artificial-intelligence or machine-learning model, whether Airhive's own or a third party's, and contractually prohibits its subprocessors from doing so. The only exception is a separate, express, opt-in agreement by the Customer for a specifically described purpose, which the Customer may withdraw at any time with effect for the future. Airhive will not sell Customer Content.

Airhive may use aggregated statistical data that is derived from operation of the Service and that no longer identifies a Customer, user or document (for example, request volumes, error rates and feature usage counts) to operate, secure and plan capacity for the Service.

9. AI Features: operation, scope and human review

AI Features are assistive tools. They may propose titles, Hives, tags, entities, summaries, answers, lifecycle steps, duplicates, clean-up actions and other changes. Generated Output can be inaccurate, incomplete, biased, outdated, inconsistent or unsuitable for the Customer's context.

The Customer must review Generated Output before relying on it, publishing it, using it in a filing, taking action against a person, or using it in legal, tax, financial, medical, employment, education, housing, credit, insurance, public-sector or similarly consequential decisions.

Where a review workflow is enabled, a proposal remains pending until accepted, edited, rejected or automatically applied under a threshold that the Customer has deliberately enabled. Airhive records the relevant model or processing source, confidence level, files read, instruction version, proposal, acceptance, rejection, reversal and user identity in audit logs, to the extent the Plan includes audit logging.

The Customer controls the scope of Customer Content made visible to an AI Feature to the extent supported by the Service. Enabling an AI Feature at Account level does not necessarily enable it for every Workspace or file. The Customer must verify all applicable Account, Workspace and file-level permissions.

Unless expressly agreed in writing, Airhive does not provide legal, tax, accounting, medical, financial, compliance or other regulated professional advice. Generated Output is not a substitute for professional judgement.

The Customer's obligations under the EU AI Act. The Customer must not use the Service to deploy a prohibited or high-risk use of AI in breach of applicable law. Where the Customer uses Airhive in a regulated or high-impact context, the Customer is responsible, as deployer within the meaning of Regulation (EU) 2024/1689 (the "AI Act"), for determining its own role and obligations, including risk assessment, transparency towards affected persons, human oversight, recordkeeping and impact assessment.

Airhive's own obligations under the EU AI Act. Airhive makes AI Features available under its own name and accordingly has its own obligations as provider of an AI system under the AI Act. Airhive fulfils these as follows: (a) where a user interacts directly with an AI system, in particular in document chat, the interface makes clear that the user is interacting with an AI system (Article 50(1) AI Act); (b) Generated Output such as summaries, suggested titles, extractions and answers is marked as AI-generated in the interface and, where the output is exported as a file or made available through the API, in a machine-readable form (Article 50(2) AI Act); (c) Airhive provides Documentation on the capabilities, limitations and appropriate use of its AI Features to support the AI literacy of Customers and Authorised Users (Article 4 AI Act). Details, including the AI models and providers used, are set out in the AI Transparency Notice at https://airhive.ai/legal/ai-transparency, which forms part of these Terms.

10. Instruction sets, agents and automated actions

The Service may allow Customers to store versioned instructions, operating procedures, naming rules or agent policies. Published instruction versions may be treated as immutable snapshots and may be made available to connected agents according to the permissions selected by the Customer.

The Customer is responsible for the content, legality and suitability of its instructions. Conflicting, incomplete or unsafe instructions may produce undesirable results. Airhive does not guarantee that every agent or Connected Service will interpret instructions consistently.

Read-only agent access does not necessarily prevent the agent from producing suggestions or transmitting selected content to an external provider. The Customer must review the actual connector permissions and provider behaviour.

If the Customer enables automatic application of high-confidence suggestions or other automated actions, the Customer accepts the increased risk of incorrect changes and must maintain appropriate review, reversal and audit procedures. Airhive may impose thresholds or disable automation where needed for security or product integrity.

11. External AI connectors and other Connected Services

Airhive may allow the Customer to connect third-party AI assistants, cloud-storage providers, identity providers, email services, automation tools or other Connected Services. A Connected Service is governed by its own terms, privacy notices, retention practices, security controls and pricing.

Where the Customer connects an external AI tool under the Customer's own account or credentials, the Customer instructs Airhive to transmit selected Customer Content to that provider. Unless Airhive has separately appointed the provider as a subprocessor, the provider is not part of Airhive's controlled processing environment.

The Customer is responsible for assessing whether a Connected Service is appropriate for the content and jurisdiction involved, including confidentiality, personal data, international transfers, model training, human review and deletion. Revoking a connector prevents future access through Airhive but may not delete data already received by the third party.

Airhive does not warrant the availability, compatibility, security or continued operation of a Connected Service. A provider may change or discontinue its API without notice. Airhive may suspend a connector that creates security, legal, technical or operational risk.

12. Generated Output and intellectual-property risk

To the extent legally possible and subject to third-party rights, Airhive does not claim ownership of Generated Output created specifically for the Customer from Customer Content. The Customer may use that output in accordance with these Terms and applicable law.

Generated Output may not be eligible for copyright or other exclusive rights and may be similar or identical to output generated for others. Airhive does not warrant that Generated Output is original, non-infringing, registrable, confidential or suitable for commercial exploitation.

The Customer is responsible for reviewing Generated Output for third-party rights, factual accuracy, confidentiality and regulatory restrictions before use. Any third-party model or Connected Service may impose additional rights or restrictions.

13. Airhive intellectual property and business-model protection

Airhive and its licensors own all rights in the Service and its software, interfaces, workflows, visual design, databases, taxonomies, models, prompts, system instructions, documentation, APIs, templates, logos, trade marks, trade secrets and know-how, excluding Customer Content and third-party materials.

Except to the extent mandatory law expressly permits, you must not:

• copy, modify, translate, adapt, decompile, disassemble, reverse engineer or create derivative works from the Service;
• discover or extract source code, model weights, system prompts, security rules, internal taxonomies or non-public technical information;
• scrape, crawl, index, systematically download or reproduce the Service, its interface or Documentation;
• use Airhive to build, train, benchmark or improve a competing document-management, knowledge-workspace or AI-agent service without written permission;
• remove proprietary notices, circumvent access controls or use the Service beyond the rights granted by the applicable Plan;
• resell, sublicense, white-label or provide the Service as a managed service unless agreed in writing.

Open-source and third-party components remain subject to their applicable licences. Nothing in these Terms restricts rights granted directly under an open-source licence.

If you provide feedback, ideas or suggestions, you grant Airhive a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate them without obligation, provided Airhive does not disclose Customer confidential information or personal data in breach of the agreement.

14. Confidentiality

Each party may receive confidential information from the other. The receiving party must protect it using at least reasonable care, use it only for the agreement, and disclose it only to personnel, advisers and providers who need it and are subject to confidentiality obligations.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed, lawfully obtained from a third party, or made public without breach. A legally required disclosure is permitted if the receiving party gives advance notice where lawful and reasonably assists with protective measures.

Customer Content is treated as Customer confidential information unless the Customer intentionally makes it public or shares it with an unrestricted recipient.

15. Data protection and security responsibilities

The Privacy Policy describes Airhive's processing as controller. Where Airhive processes personal data contained in Customer Content on behalf of a Customer, the DPA applies. The DPA is concluded by acceptance of these Terms; no separate signature is required.

The Customer is responsible for determining what data may be uploaded, configuring access, providing legally required notices, establishing lawful bases, responding to data subjects and deciding whether the Service is suitable for special-category, criminal-offence, children's, health, employment, financial, legally privileged or otherwise regulated data.

Airhive implements the technical and organisational measures described in Annex 2 of the DPA. Security is a shared responsibility. The Customer must use secure devices and credentials, manage permissions, promptly remove former users, protect upload addresses, review audit logs and maintain exports or backups appropriate to its risk and legal obligations.

No online service can guarantee absolute security. The Customer must not represent to third parties that Airhive provides a security certification, regulatory approval or compliance guarantee that Airhive has not expressly confirmed in writing.

16. Availability, maintenance, support and beta features

Airhive aims to provide a reliable Service but does not guarantee uninterrupted or error-free availability unless a separate service-level agreement applies. Planned maintenance, emergency maintenance, updates, security measures, capacity limits and third-party outages may affect availability. Planned maintenance will, where reasonably possible, be announced in advance and scheduled outside ordinary Central European business hours. The statutory rights of Consumers under Section 21 remain unaffected.

Support channels, hours and response targets depend on the Plan or order form. A response target is not a resolution guarantee unless expressly stated.

Beta, preview, experimental or early-access features may be incomplete, change materially, contain errors or be withdrawn. They are identified as such in the interface, may be subject to lower support, additional terms or usage restrictions, and must not be used for critical production processes without appropriate safeguards.

17. Data export, portability, switching and deletion

Export. The Customer may export Customer Content at any time during the term using the export functions of the Service. The following categories of data can be exported: (a) all uploaded files in their original format; (b) extracted text and OCR results; (c) file metadata, titles, tags, entities and Hive membership; (d) instruction sets and their versions; (e) audit-log entries, to the extent included in the Plan; (f) Generated Output stored in the Workspace. Exports are provided in structured, commonly used and machine-readable formats (original file formats, plus JSON or CSV for metadata and structured data).

Switching under the EU Data Act. Where Regulation (EU) 2023/2854 (the "Data Act") applies, the following terms apply: (a) the Customer may initiate switching to another provider or to on-premises infrastructure at any time by notice to support@airhive.ai; (b) the maximum notice period for initiating switching is two months; (c) the transitional period during which Airhive continues to provide the Service and supports the switching process is 30 calendar days from the end of the notice period, extendable once, at the Customer's request or where Airhive demonstrates technical infeasibility, by the shortest period technically necessary and not exceeding seven months; (d) the Customer may retrieve all exportable data listed above for at least 30 calendar days after the end of the transitional period; (e) Airhive charges no switching charges or data-egress charges; (f) the agreement ends on successful completion of switching or, at the latest, at the end of the retrieval period. Airhive will cooperate in good faith, provide reasonable switching information and assist with technical questions during the transitional period.

Deletion. Deletion requests are processed according to the product functionality, Privacy Policy and DPA. Following deletion of a file, Workspace or Account, or termination of the agreement, Airhive deletes the affected Customer Content from active production systems within 30 days. Encrypted backup copies are overwritten within the ordinary backup rotation cycle of at most 35 days after production deletion, unless retention is required by law. Security logs, billing records and evidence retained for legal claims are kept only as described in the Privacy Policy.

Airhive may retain limited metadata necessary to document deletion, enforce the agreement, prevent fraud and comply with legal obligations.

18. Fees, billing, taxes and automatic renewal

Fees, billing periods, included usage, taxes and payment terms are displayed at purchase or in an order form. Paid subscriptions are billed in advance.

Renewal for Business Customers. Unless stated otherwise in the order form, a subscription of a Business Customer renews automatically for successive periods equal to the initial billing period until cancelled with effect for the end of the current period.

Renewal for Consumers. A monthly subscription of a Consumer renews for successive one-month periods until cancelled. An annual or other multi-month subscription of a Consumer continues after the end of the initial period for an indefinite term and may then be cancelled by the Consumer at any time with one month's notice. The Consumer will be charged for the extended term at the same monthly-equivalent price, in monthly instalments, unless the Consumer expressly chooses annual prepayment for the extended term.

You authorise Airhive and its payment provider to charge the payment method on file for subscription fees, usage charges, taxes and authorised add-ons. Prices shown to Consumers include VAT; prices shown to Business Customers may exclude VAT or similar taxes.

If payment fails, Airhive may retry the charge, request another payment method, suspend paid features, downgrade the Plan or terminate the subscription after reasonable notice. The Customer remains liable for undisputed amounts due.

Airhive may change prices with at least 30 days' notice by email. A price increase applies from the next renewal. A Consumer who does not agree to a price increase may cancel with effect from the date on which the increase would take effect; Airhive will point this out in the notice. Section 25 applies to changes of Plan features. The Refund and Cancellation Policy governs cancellation, withdrawal, upgrades, downgrades and refunds.

19. Acceptable use, illegal content and notices

The Customer and all Authorised Users must comply with the Acceptable Use Policy. Airhive may receive notices concerning illegal or infringing Customer Content and may investigate, restrict access, preserve evidence, request information, remove content or notify authorities where legally required or reasonably necessary.

A notice should identify the specific content or activity (including the URL or link), explain why the content is considered illegal, provide the notifier's name and email address (unless the notice concerns child sexual abuse material) and include a good-faith statement that the information is accurate and complete. Notices may be sent to abuse@airhive.ai. Airhive will confirm receipt of a notice without undue delay, will process notices in a timely, diligent, non-arbitrary and objective manner, and will inform the notifier of its decision and of the available redress options without undue delay. Airhive may reject notices that are manifestly unfounded, insufficiently specific or abusive.

Where Airhive restricts, removes or disables access to Customer Content or suspends an Account on the basis of the Acceptable Use Policy or applicable law, Airhive will provide the affected user with a clear and specific statement of reasons and an opportunity to request review, subject to exceptions for law enforcement, security, child safety, fraud prevention or legal prohibitions. Section 12 of the Acceptable Use Policy describes the review channel.

Airhive does not undertake a general obligation to monitor all Customer Content. Automated security or abuse detection may be used, but such measures do not transfer responsibility for Customer Content to Airhive.

20. Suspension and termination

Airhive may suspend an Account, Workspace, file, link, connector, AI Feature or other function immediately where reasonably necessary to address: a security incident; unauthorised access; illegal or infringing content; serious or repeated breach; non-payment; excessive resource use; risk to other users; sanctions or legal restrictions; or a lawful authority request.

Where reasonable, Airhive will give notice and an opportunity to remedy before termination. Immediate action may be taken for urgent security risk, child-safety issues, malicious activity, fraud, unlawful content or conduct likely to cause material harm.

The Customer may terminate by cancelling subscriptions and deleting the Account through the functions available in the account area. Consumers may also cancel a paid subscription using the cancellation button described in Section 4 of the Refund and Cancellation Policy. Termination does not affect accrued payment obligations or provisions intended to survive, including intellectual property, confidentiality, liability, indemnity, dispute resolution and lawful retention.

After termination, Airhive provides an export period of at least 30 days during which the Customer may retrieve Customer Content, unless the termination was for illegal content or a serious security incident and law or the protection of third parties prevents this. Airhive is not required to preserve Customer Content after the export or retention period.

21. Consumer rights and conformity of digital services

This Section applies to Consumers and prevails over any other provision of these Terms in case of conflict.

If you are a Consumer, the statutory rules on contracts for digital products (§§ 327 et seq. BGB, implementing Directive (EU) 2019/770) apply. Airhive owes a Service that conforms to the contract, including the features, functions and limits described at the time of purchase, and provides updates, including security updates, that are necessary to maintain conformity for the term of the subscription. Airhive informs Consumers of available updates and of the consequences of not installing them where installation by the Consumer is required.

If the Service does not conform to the contract, you are entitled to the statutory remedies: supplementary performance (remedy of the defect), termination of the contract or reduction of the price, and damages or reimbursement of wasted expenditure under the statutory conditions. The statutory limitation periods apply.

Nothing in these Terms excludes or limits: (a) Airhive's liability for damage resulting from injury to life, body or health; (b) liability for intent or gross negligence; (c) liability under the Product Liability Act; (d) liability for breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment you may regularly rely (cardinal obligation), limited in cases of simple negligence to the damage typical for this type of contract and foreseeable at conclusion; (e) any guarantee expressly assumed; or (f) any other liability that cannot be limited under mandatory law. Sections 22 to 24 do not apply to Consumers.

Consumers have the right of withdrawal described in the Refund and Cancellation Policy, which also contains the statutory withdrawal instruction and the model withdrawal form.

22. Warranties and disclaimers (Business Customers only)

This Section applies to Business Customers only.

Airhive will provide the Service with reasonable skill and care and in material conformity with the Documentation. Except for express commitments in these Terms, an order form or mandatory law, no further warranties or guarantees are given; in particular, the statutory rules on the provider's no-fault liability for defects existing at the time of conclusion of the contract (§ 536a(1) BGB) are excluded.

Airhive does not warrant that the Service will meet every Customer requirement, be compatible with every system, be uninterrupted, be free from vulnerabilities, preserve every file indefinitely, or produce accurate Generated Output. The Customer is responsible for assessing suitability for its use case.

Airhive is not responsible for failures caused by Customer systems, Connected Services, internet providers, unsupported formats, Customer configuration, unauthorised credentials, force majeure or use contrary to Documentation.

23. Indemnities (Business Customers only)

This Section applies to Business Customers only.

Indemnity by the Customer. A Business Customer will indemnify and defend Airhive against third-party claims, regulatory demands, losses and reasonable legal costs arising from: Customer Content; the Customer's unlawful instructions; infringement of third-party rights; the Customer's use of Connected Services; or a material breach of the Acceptable Use Policy, to the extent caused by the Customer or its Authorised Users.

Indemnity by Airhive. Airhive will defend a Business Customer against a third-party claim alleging that the Service, as provided by Airhive and used in accordance with the agreement and the Documentation, infringes a patent, copyright or trade mark protected in the European Union, and will pay damages finally awarded by a court or agreed in a settlement approved by Airhive. This indemnity does not apply to claims arising from Customer Content, Generated Output, Connected Services, open-source components used in accordance with their licences, modifications not made by Airhive, combination with products or data not supplied by Airhive, or use after Airhive has offered a non-infringing alternative. If the Service is or is likely to be held to infringe, Airhive may at its option procure the right to continue using the Service, modify or replace it so that it no longer infringes, or, if neither is commercially reasonable, terminate the affected subscription and refund prepaid fees for the remaining term. This Section states Airhive's entire liability for intellectual-property infringement by the Service.

Procedure. The indemnified party will promptly notify the indemnifying party of a covered claim, allow the indemnifying party reasonable control of the defence and provide reasonable cooperation. The indemnifying party may not settle a claim in a way that admits fault by the other party, imposes non-monetary obligations on it or affects other customers without the other party's prior written consent.

24. Limitation of liability (Business Customers only)

This Section applies to Business Customers only. Liability towards Consumers is governed by Section 21.

Nothing in these Terms excludes or limits liability for wilful misconduct, gross negligence, injury to life, body or health, fraud, a guarantee expressly assumed, product liability, or any liability that cannot legally be excluded or limited.

For damage caused by simple negligence, Airhive is liable only for breach of an essential contractual obligation, meaning an obligation whose performance is necessary for proper performance of the agreement and on which the Customer may normally rely. In that case, liability is limited to the foreseeable loss typical for this type of agreement.

Subject to the preceding paragraphs, Airhive's aggregate liability for all claims arising from or relating to the agreement in any contract year is limited to the greater of (a) the total fees paid or payable by the Customer under the agreement for all Workspaces during the twelve months preceding the event giving rise to the claim and (b) EUR 10,000.

For claims arising from a breach of Section 14 (Confidentiality) or of the DPA by Airhive, the cap in the preceding paragraph is replaced by a separate cap equal to the greater of (a) twice the total fees paid or payable under the agreement during the twelve months preceding the event giving rise to the claim and (b) EUR 100,000. Liability of Airhive towards the Customer under Article 82 GDPR is not limited below the level required by that provision.

To the extent legally permissible and subject to the preceding paragraphs, Airhive is not liable for indirect or consequential loss, loss of profit, revenue, goodwill, opportunity or expected savings, or loss caused by Customer Content, Generated Output, Connected Services, unauthorised sharing or the Customer's failure to maintain appropriate exports or backups; the strict liability for initial defects under § 536a(1) BGB is excluded.

25. Changes to the Service and these Terms

Changes to the Service. Airhive may improve, modify or discontinue features for legal, security, technical, commercial or operational reasons. Airhive will provide reasonable notice where a change materially reduces a paid core feature, unless immediate action is required for law, security or third-party dependency reasons.

Changes affecting Consumers (§ 327r BGB). Airhive may make changes to the Service that go beyond what is necessary to maintain conformity only for the following valid reasons: (a) adaptation to a new technical environment, including new operating-system, browser or device versions and changes in the interfaces of third-party services on which the Service depends; (b) adaptation to changed legal or regulatory requirements; (c) measures required for the security of the Service or of Customer Content; (d) improvements or extensions of the Service's functions, including changes to AI models and providers, provided the core functionality of the Service is preserved. Such changes are made without additional cost to the Consumer. Airhive will inform the Consumer of a change in a clear and comprehensible manner. If a change significantly impairs the Consumer's access to or use of the Service, Airhive will inform the Consumer by email, on a durable medium, at least 30 days before the change takes effect, describing the change, when it takes effect and the Consumer's right of termination. In that case the Consumer may terminate the contract free of charge within 30 days of receipt of the notice or, if the change takes effect later, within 30 days after it takes effect. The right of termination does not apply if Airhive makes the unchanged Service available without additional cost.

Changes to these Terms. Airhive may update these Terms to reflect changes in law or case law, changes in the Service or its features, security requirements, or changes in the subprocessors and technical infrastructure used. Airhive will notify the Customer of changes at least 30 days before they take effect, by email to the address associated with the Account and by in-app notice. For Consumers, a change to these Terms becomes effective only if the Consumer expressly agrees to it or, where the change is merely an adaptation to a change of law, a closing of a gap in the contract or a change that does not affect the essential content of the contract to the Consumer's detriment, if the Consumer does not object within the notice period; Airhive will point out in the notice the consequences of not objecting and the right to terminate. A Business Customer that objects to a change may cancel the affected subscription with effect from the date on which the change would take effect, unless an order form provides another process.

26. Compliance, sanctions and export controls

You must not use the Service in violation of sanctions, export controls, embargoes or laws applicable to you, the Customer Content or the intended recipient. You represent that you are not prohibited from receiving the Service.

Airhive may restrict access where required to comply with sanctions, export-control, law-enforcement or regulatory obligations.

27. General contractual provisions

27.1 Assignment

The Customer may not assign the agreement without Airhive's prior written consent, except as part of a bona fide merger or sale of substantially all relevant assets where the assignee is not a direct competitor and assumes the agreement. Airhive may assign the agreement as part of a restructuring, financing, merger or sale of the Service, subject to mandatory consumer rights; a Consumer will be informed and may terminate without notice if the assignee does not offer equivalent protection.

27.2 Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, terrorism, civil disorder, labour disruption, government action, widespread internet or cloud outage, cyberattack not caused by failure to use reasonable security, or utility failure. Payment obligations for services already supplied are not excused.

27.3 No waiver and severability

Failure to enforce a provision is not a waiver. If a provision is invalid or unenforceable, the remaining provisions remain effective. Towards Business Customers, an invalid provision will be replaced by the valid provision that comes closest to its economic purpose.

27.4 Entire agreement

The agreement documents identified in Section 1 constitute the entire agreement concerning the Service and replace prior discussions concerning the same subject matter, without excluding liability for fraud or mandatory pre-contract information.

27.5 Language

The contract language is English for Business Customers unless an order form provides otherwise. For Consumers, the contract language is the language in which the Service was offered and the contract concluded; where Airhive offers the Service in German, the German version of these Terms is the binding version for that contract. Where a translation is provided for convenience only, this is stated at the top of the translation. Airhive stores the contract text and makes the version accepted by the Customer available in the account area.

28. Governing law, jurisdiction and consumer dispute resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. If you are a Consumer habitually resident in the European Union or European Economic Area, this choice of law does not deprive you of the protection afforded by mandatory consumer-protection provisions of the law of your country of habitual residence.

For Business Customers that are merchants (Kaufleute), legal entities under public law or special funds under public law, the courts of Hamburg, Germany, have exclusive jurisdiction over disputes arising from or relating to the agreement. Statutory jurisdiction rules apply to Consumers.

Airhive is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG). The former EU Online Dispute Resolution platform was discontinued on 20 July 2025 and is no longer an available complaint channel.

29. Notices and contact

Airhive may send contractual, security, billing and legal notices to the email address associated with the Account or through an in-app notification. The Customer must keep contact details current.

Legal notices to Airhive must be sent to legal@airhive.ai and, where formal service is required, to Airhive GmbH, Eckernwoort 16, 22607 Hamburg, Germany.

Support: support@airhive.ai | Billing: billing@airhive.ai | Privacy: privacy@airhive.ai | Security: security@airhive.ai | Abuse and illegal-content notices: abuse@airhive.ai | Legal: legal@airhive.ai