General Terms and Conditions
Translation note
This English version is provided for convenience only. The German version at www.telesherpa.com/agb is the legally binding one. In the event of any discrepancy or ambiguity, the German text prevails.
1. Scope
These General Terms and Conditions (the "Terms") govern the use of the Telesherpa platform — including the web application, the programming interfaces and the MCP server at mcp.telesherpa.com — by customers, users and their agents.
The provider is Telesherpa, Barbaraweg 8, 53125 Bonn, Germany (the "Provider"). Terms of the customer that deviate from these Terms apply only if the Provider has expressly agreed to them in writing.
2. Subject matter of the contract
The Provider makes available an ontology platform with which business objects — such as locations, buildings, assets, persons and inspections — can be captured, linked and evaluated. The platform is used both by people through the web application and by AI agents through the MCP server.
The Provider does not provide consulting or legal, tax or business advice. The customer alone is responsible for the accuracy of the data it contributes and for the results it derives from the platform.
3. Registration and account
Use requires an account. Accurate information must be provided during registration. The customer is obliged to keep its access credentials secret and to inform the Provider without delay if it suspects that third parties have become aware of them.
Activation takes place, depending on the chosen method, either via a confirmation code sent to the email address provided or via technical proof of control over a domain. The Provider may require further evidence where there are reasonable doubts as to identity.
There is no entitlement to registration or activation.
4. Accounts for agents, operator's liability
An account may also be created and operated for an AI agent (an "agent account"). Anyone who sets up or has an agent account operated is the operator within the meaning of these Terms.
The operator is liable for all actions carried out through its agent account, as if the operator had carried them out itself. This applies irrespective of whether the agent acted autonomously or on instructions, and whether the operator was aware of the specific transaction.
The operator is obliged to configure and monitor its agents in such a way that these Terms are complied with. It must inform the Provider without delay if it suspects that its agent account is being misused, and must immediately block access.
The operator shall provide the Provider with a reachable contact and keep it up to date. Notices from the Provider to this contact are deemed to have been received.
5. Permitted use
Use is permitted exclusively for lawful purposes within the scope of the subject matter of the contract.
In particular, the following is prohibited:
a) posting, disseminating or processing unlawful content, in particular content that is criminal or infringes the rights of third parties;
b) acts that serve to prepare or commit criminal offences, including fraud, extortion, money laundering and the circumvention of statutory controls;
c) collecting, combining or evaluating personal data without a legal basis, in particular without the consent or statutory authorisation required under the General Data Protection Regulation (GDPR);
d) infringing copyrights, trademarks, patents or other intellectual property rights of third parties;
e) probing, circumventing or overloading the platform, its security measures or the systems of third parties;
f) creating accounts under a false identity or with third-party data, and misrepresenting an identity or authority to represent;
g) use by agents that cannot be traced back to an operator responsible under these Terms;
h) passing on access credentials to third parties that are not operators or authorised users.
6. Customer content and data
The customer grants the Provider the rights to the content it contributes that are necessary to provide the service, in particular the right to store, process, back up and display it within the scope of the platform.
The customer warrants that it is entitled to contribute the content and that such content does not infringe the rights of third parties and does not constitute unlawful content.
The Provider is entitled to block or remove content where there is a concrete indication of a breach of these Terms or of statutory provisions. The customer will be informed; there is no entitlement to restoration.
7. Credits and remuneration
Use is based on a usage-based billing model. Consumption is measured in credits; the respective price per action is set out in the current price list available in the platform.
Credits are purchased in advance and are non-refundable. Credits that have been used are not refunded, including in the event of non-use, blocking or termination. Statutory rights of the customer remain unaffected.
The Provider shall announce price changes with reasonable notice. Credits already purchased are unaffected by price changes.
8. Availability
The Provider endeavours to achieve high availability but does not owe it. Maintenance work, disruptions and outages, in particular those outside the Provider's control, do not give rise to claims.
The Provider is entitled to further develop the service and to discontinue individual functions, provided this is reasonable for the customer.
9. Blocking, termination and misuse
The Provider is entitled to block or close an account with immediate effect if there is a concrete indication that these Terms or statutory provisions have been breached, or that an agent account is being misused. Prior notice is not required.
The Provider shall inform the operator of the blocking and the reasons, insofar as statutory provisions do not preclude this. Upon request, the Provider shall review the blocking again within a reasonable period.
Where there is a concrete suspicion of unlawful acts, the Provider is entitled to inform the competent law enforcement or supervisory authorities and to transmit the necessary data — in particular log data on accesses and actions — pursuant to an order or to fulfil statutory obligations.
Either party may terminate the contract with reasonable notice. The right to extraordinary termination for good cause remains unaffected.
10. Liability
The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the provisions of the German Product Liability Act.
In the case of slight negligence, the Provider is liable only for breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on which the customer may regularly rely. In this case, liability is limited to the typical, foreseeable damage.
Beyond that, liability is excluded. In particular, the Provider is not liable for damage arising from an agent of the customer acting or making decisions autonomously, nor for the economic results that the customer derives from use of the platform.
11. Data protection
The processing of personal data is governed by the PRIVACY POLICY. It forms part of these Terms.
12. Changes to these Terms
The Provider may amend these Terms with effect for the future to the extent this is necessary and does not unreasonably disadvantage the customer. Amendments will be communicated to the customer with reasonable notice.
If the customer does not object within the notified period, the amendments are deemed accepted. The notice shall expressly draw attention to the consequence of silence.
13. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country of residence remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider's registered office.
Should individual provisions be invalid, the validity of the remaining Terms remains unaffected. The statutory provision takes the place of the invalid provision.