Addendum to the TWIPLA Contract for the use of TWAIA Services
- Contracting parties and structure of the agreement
- The business customer ("Customer") concluded a service contract (“Contract”) with Visitor Analytics GmbH, Seestraße 76, 82235 Berg registered under commercial register number HRB 214117 Amtsgericht München ("TWIPLA"; TWIPLA and Customer hereinafter together the "Parties" and each a "Party") for the use of TWIPLA’s services.
- The provisions in this addendum (“TWAIA Addendum”) supplement the Contract for the use of the TWIPLA artificial intelligence services TWAIA (“TWAIA Services”). Except as supplemented by this TWAIA Addendum, the terms of the Contract remain in full force and effect. In case of conflict between the Contract and the TWAIA Addendum, the TWAIA Addendum shall prevail.
- Conclusion of the TWAIA Addendum
To access the TWAIA Services, Customer must activate the TWAIA Services in its customer account and accept this TWAIA Addendum. - TWAIA Services
TWIPLA provides the TWAIA Services to Customer. In the TWAIA Services, Customer can select one or multiple artificial intelligence services provided by third parties (“Third Party AI Service”). Via the TWAIA Services, Customer can ask questions (“Requests”) about the Customer’s aggregated statistical data concerning Customer’s website and usage by website visitors created by TWIPLA’s analytics services and provided to Customer via the TWIPLA platform (“Customer Statistical Data”). TWIPLA transmits the Requests to the selected Third Party AI Service. The selected Third Party AI Service will generate a response (“Output”) that TWIPLA transmits to Customer. - Termination of the TWAIA Addendum
- TWIPLA may terminate the TWAIA Addendum at any time with one (1) month prior notice.
- Customer may terminate the TWAIA Addendum at any time without any prior notice and stop using the TWAIA Services.
- Suspension of the TWAIA Services
TWIPLA may suspend the TWAIA Services with or without prior notice to Customer if TWIPLA has reasonable grounds to believe that Customer does not comply with the Contract or TWAIA Addendum. - Fees
The TWAIA Services are provided at no additional charge. - Data protection and privacy
With regard to the processing of personal data in connection with the TWAIA Services, the data processing agreement concluded between Customer and TWIPLA shall apply with the following specifics:- The following types/categories of data are subject to the processing of personal data: Customer Statistical Data
- Customer instructs TWIPLA that the provider of the selected Third Party AI Service may use the Request, Customer Statistical Data and Output to further train and improve the Third Party AI Service.
Customer agrees that the provider of the selected Third Party AI Service may process personal data as a sub-processor as described in the data processing agreement. The providers of the Third Party AI Services are:
Name of sub-processor
Address
Function/processing steps performed
What data is forwarded to the sub-processor?
OpenAI OpCo, LLC
1455 3rd Street
San Francisco
CA 94158
USA
Provision of the TWAIA Services, in particular generation of Output
Customer Statistical Data
Provision of the TWAIA Services, in particular generation of Output
Customer Statistical Data
Provision of the TWAIA Services, in particular generation of Output
Customer Statistical Data
Provision of the TWAIA Services, in particular generation of Output
Customer Statistical Data
- Defects
TWIPLA has no influence on the completeness and accuracy of the Output generated by the Third Party AI Services and assumes no warranty in this respect. TWIPLA does not review the Output before the Output is provided to Customer. TWIPLA expressly advises the Customer not to rely on the accuracy of the content of the Output without verification. - Availability of the TWAIA Services
The service level agreement included in the Contract shall not apply to the TWAIA Services. The TWAIA Services are provided “as is”. Customer acknowledges that TWIPLA does not warrant that the TWAIA Services will be provided in an uninterrupted or error free fashion at all times. TWIPLA shall use its best efforts to minimize downtime.
Status as of: June 2025
