General terms and conditions
This English version is provided for your convenience. Only the German version is legally binding.
As of 4 October 2026
- § 1 Scope, provider
- § 2 What Biwak provides
- § 3 Plans and credits
- § 4 Conclusion of the contract
- § 5 Prices and payment
- § 6 Change of plan
- § 7 Term and cancellation
- § 8 Right of withdrawal for consumers
- § 9 Customer obligations, permitted use
- § 10 Rights
- § 11 Defects
- § 12 Liability
- § 13 Data protection
- § 14 Changes to these Terms
- § 15 Final provisions
§ 1 Scope, provider
(1)These general terms and conditions (“Terms”) apply to all contracts for the Biwak subscription between Hermann Hampel, trading as “Biwak”, Johanneskirchner Straße 101, 81927 München, phone +49 176 81520363, email kontakt@biwak.ai (“Biwak”, “we”) and the customer.
(2)Biwak is aimed primarily at businesses. Private individuals can also book the subscription. A consumer is anyone who concludes the contract for purposes that predominantly relate neither to their commercial nor to their independent professional activity (§ 13 BGB, German Civil Code); a trader is anyone who acts in the exercise of such an activity (§ 14 BGB). Rules that apply to only one of the two groups are marked as such.
(3)The customer’s own terms and conditions do not apply, even if we do not expressly object to them.
(4)The language of the contract is German.
§ 2 What Biwak provides
(1)Biwak is a working environment in which the customer gives tasks to an AI language model: as an application for macOS and Windows (“App”) and as a workspace in the browser. The App is free of charge. The subscription provides access to the language models that Biwak engages for this purpose, to the extent of a monthly allowance of credits (§ 3).
(2)The task text and the file excerpts used for a task are passed via Biwak’s access service to the engaged model provider. Biwak does not store this content in the process and does not use it to train models. With the App, working folders and conversations remain on the customer’s computer; in the browser workspace, they are stored on Biwak servers in the EU. Details are set out in the privacy policy and under Security.
(3)The results are drafts. Language models can generate content that is incorrect, incomplete or fabricated, including references and figures. Biwak does not owe any particular work result and does not provide legal, tax or other advice. The customer checks every result before using it or passing it on.
(4)Biwak continues to develop the services and may change them if there is a valid reason for doing so, such as new or discontinued models, security or a change in the legal situation, and the customer incurs no additional costs as a result. We inform the customer about changes in a clear and comprehensible manner. If a change impairs access to the services or their usability more than insignificantly, we inform the customer in advance by email; consumers may then terminate the contract free of charge within 30 days under § 327r(3) BGB, and traders may cancel it with effect from the date on which the change takes effect.
(5)We strive for high availability. Where possible, we announce maintenance work in advance and schedule it for quiet periods. The models themselves are operated by third parties; if one fails, we switch to another where possible.
§ 3 Plans and credits
(1)The following plans can be booked online, each on a monthly basis:
| Base Camp | €19 per month · 1,500 credits per month |
|---|---|
| Rope Team | €99 per month · 9,000 credits per month |
Further plans are available by agreement on request.
(2)Credits are the unit of account for AI tasks. How many credits a task uses depends on the effort involved (model, volume of text and files, number of work steps). Biwak shows usage and the remaining allowance in the Account.
(3)The allowance applies per billing month. Unused credits expire at the end of the billing month; at the beginning of the next one, the full allowance is available again. Credits have no monetary value, are not paid out and are not transferable.
(4)To protect operations, Biwak may set limits, for example on usage per task or on the number of simultaneous tasks. These limits are directed against misuse and faulty runs, not against normal use, and are displayed in the product.
(5)From Rope Team upwards, the customer can invite any number of people to their team; they share the allowance. In Base Camp, the subscription applies to one person. Each person signs in with their own access; access credentials may not be passed on.
§ 4 Conclusion of the contract
(1)The presentation of the plans on biwak.ai and in the App does not yet constitute an offer.
(2)To order, the customer selects a plan, signs in and is then shown an order summary with plan, service, price and term. There, the customer agrees to these Terms, requests that performance begin immediately (§ 8(2)) and submits a binding offer by clicking the “Subscribe with obligation to pay” button. Until then, the customer can check all details, change them via “Back” or abort the process. The customer then stores their payment method with our payment service provider Stripe.
(3)We accept the offer by activating the plan after successful payment. We send the contract confirmation with the order details, these Terms and the withdrawal policy by email.
(4)We store the text of the contract. The version of these Terms currently in force is available at biwak.ai/agb; we send earlier versions and the order details on request.
§ 5 Prices and payment
(1)The prices displayed at the time of ordering apply. All prices are final prices. As a small business, Biwak does not charge VAT under § 19 UStG; invoices therefore do not show any VAT.
(2)The price is payable monthly in advance, for the first time on conclusion of the contract and thereafter at the beginning of each subsequent billing month. Payment is processed via Stripe using the payment methods offered there, such as card or SEPA direct debit. Invoices are available in the Account.
(3)If a payment fails, we inform the customer. If the payment is not made subsequently, we may, after giving notice, suspend access under the plan until it has been received.
(4)The customer may set off against our claims only with claims that are undisputed or have been established by final and binding judgment.
For consumers only
(5)We change the price of an ongoing subscription only with the customer’s express consent. If the customer does not consent, the subscription continues at the previous price; either party may then cancel it in accordance with § 7.
For traders only
(6)We announce price changes by email at least six weeks before they take effect. Until then, the customer may cancel the contract with effect from the date on which the change takes effect; we point this out in the announcement. The previous price applies to months already paid for. A right of retention exists only in respect of claims arising from this contract.
§ 6 Change of plan
(1)If the customer switches to a higher plan, the new plan applies immediately, and a new billing month begins with the switch. The amount due is the price of the new plan less the value of the credits of the previous plan not used in the current month. This value is the price of the previous plan multiplied by the ratio of unused credits to all credits of its monthly allowance. The new allowance is available in full from the switch; the allowance credited against the price expires.
(2)If the customer switches to a lower plan, the switch takes effect at the end of the paid billing month. Until then, the previous plan and its allowance continue to apply.
(3)Before every switch, Biwak shows what becomes due immediately, from when the new plan applies and when the next billing takes place.
§ 7 Term and cancellation
(1)The subscription runs for an indefinite period and is renewed by one month at a time. There is no minimum term.
(2)The customer may cancel at any time with effect from the end of the current billing month. We may cancel with four weeks’ notice to the end of a billing month.
(3)The customer can cancel in the Account under Account › Plan, without signing in via the “Cancel contracts here” button on every page of biwak.ai, or by email to kontakt@biwak.ai. We confirm every cancellation immediately by email, stating the date and time of its receipt and the day on which the subscription ends. Until then, the customer can revoke the cancellation in the Account.
(4)The right of either party to cancel without notice for good cause remains unaffected. Good cause exists for us in particular if the customer uses Biwak contrary to § 9 or is in arrears with two monthly payments.
(5)When the subscription ends, model access under the plan ends. The App remains installed and its local functions remain usable. The customer can download whatever is stored in the browser workspace until the end of the contract; after that, we delete it no later than 30 days after the end of the contract. For traders, Part C, no. 9 of the DPA applies.
§ 8 Right of withdrawal for consumers
(1)Consumers have a right of withdrawal of fourteen days from conclusion of the contract. Details are set out in the withdrawal policy. Withdrawal can be declared by letter, by email or online via the “Withdraw from contract” button.
(2)By placing the order, the customer expressly requests that we begin before the withdrawal period expires. If a consumer withdraws after that, they pay a reasonable amount for the services provided up to that point (§ 357a(2) BGB). The service under the subscription is the allowance of credits for the first billing month; the amount is therefore the proportion of the first monthly fee that corresponds to the credits used up to the withdrawal. We refund the remainder within fourteen days.
(3)Traders have no statutory right of withdrawal.
§ 9 Customer obligations, permitted use
(1)The customer keeps their access credentials secret and informs us without delay of any suspected misuse.
(2)In the App, the customer makes a deliberate choice as to how much Biwak may do without asking (“permission level”). At the highest level, Biwak executes commands without asking; these commands can reach the entire computer, and the App’s checkpoint does not extend that far.
(3)The customer is responsible for backing up their own data. The App’s checkpoint only saves the working folder for a task and is no substitute for a data backup.
(4)The customer does not use Biwak for practices prohibited under Art. 5 of the EU AI Act (Regulation (EU) 2024/1689), to infringe the rights of third parties, to circumvent access restrictions of third-party systems, or to pass on model access to third parties or operate their own model service with it.
§ 10 Rights
(1)The customer may use the App for their own purposes during the term of the contract. This right is non-exclusive and non-transferable; free use of the App without a subscription remains unaffected.
(2)Biwak claims no rights to the results that the customer generates with Biwak. We give no assurance as to whether intellectual property rights arise in a result generated by a language model or whether it is free of third-party rights.
§ 11 Defects
(1)The services have the characteristics that result from the product description on biwak.ai and these Terms. The fact that language models can generate incorrect content as described in § 2(3) does not constitute a defect.
For consumers only
(2)The statutory rights in respect of defects in digital products apply (§§ 327 et seq. BGB).
For traders only
(3)The provisions of German rental law apply (§§ 535 et seq. BGB). No-fault liability for defects that already existed when the contract was concluded (§ 536a(1), first alternative, BGB) is excluded; liability for damages is governed by § 12. The customer notifies us of defects without delay in text form and describes them in such a way that we can reproduce them.
§ 12 Liability
(1)We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have given.
(2)In cases of simple negligence, we are liable only for the breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract.
(3)Otherwise, liability is excluded. For loss of data, we are liable only up to the amount of effort that would have been required to restore it had the customer backed up their data regularly.
(4)These rules also apply to our vicarious agents.
For traders only
(5)Claims for damages become time-barred twelve months after the start of the statutory limitation period, except in the cases set out in paragraph 1.
§ 13 Data protection
(1)How we process personal data is set out in the privacy policy.
For traders only
(2)Insofar as we process personal data on behalf of the customer, our data processing agreement (DPA) under Art. 28 GDPR applies in the version published at biwak.ai/avv (in German) when the contract is concluded. It is based on the European Commission’s standard contractual clauses (Implementing Decision (EU) 2021/915) and becomes part of the contract together with these Terms, without a signature and at no additional cost. For customers bound by professional secrecy, it contains our confidentiality undertaking with a notice of criminal liability under Section 203 of the German Criminal Code (StGB); which of the bodies we use are themselves bound to confidentiality, and what follows from this for use with third-party secrets, is set out in Appendix V, no. 6 of the DPA. The DPA is also available there as a PDF; on request, the customer receives a copy countersigned by us. In the event of any conflict, the DPA takes precedence over these Terms.
(3)We announce new or replacement subprocessors by email at least 30 days in advance. The customer can object within 14 days. If we cannot reach agreement, the customer can terminate the contract with effect from the date the change takes effect; we refund anything already paid for the period after that. Otherwise, Part A, no. 7 of the DPA governs changes to the DPA.
§ 14 Changes to these Terms
(1)We propose changes to these Terms for existing contracts by email at least six weeks before they take effect. They apply only if the customer consents. If the customer does not consent, the previous version continues to apply; either party may then cancel the contract in accordance with § 7.
§ 15 Final provisions
(1)The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence.
(2)We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
(3)If any provision is invalid, the remainder of the contract remains valid; the statutory provisions take the place of the invalid provision.
For traders only
(4)If the customer is a merchant (Kaufmann within the meaning of the HGB, German Commercial Code), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Munich. We may also bring proceedings at the customer’s general place of jurisdiction.
This version as of: 4 October 2026