Terms & conditions

These Terms apply exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and public-law special funds. XAIRO is not directed at consumers; contracts with consumers are not intended.

Any conflicting, additional, or deviating terms proposed by the customer do not become part of the contract unless we expressly agree to them in writing.

The subject matter of the contract is the provision of XAIRO, an AI-powered assistant system for augmented reality devices, along with optional hardware and add-on services (e.g. maintenance contract, custom avatar, trade show kit). The exact scope of services under a given contract, in particular the type, extent and any limitations of the license granted (e.g. number of installations, users, or devices), results from the individual offer or order confirmation and the service description published at xairo.io/en/preise at the time of order. We continuously refine our licensing model; the version agreed at the time the contract is concluded is authoritative.

To operate XAIRO, the customer needs their own account with an AI provider (currently OpenAI), through which AI usage is billed directly between the customer and that provider. This account is not part of our contract with the customer.

The presentation of XAIRO on our website does not constitute a binding offer, but a non-binding invitation to order. A contract is concluded upon our written order confirmation (including by email) or upon delivery of the ordered service.

The prices set out in the respective offer or the price list published at xairo.io/en/preise at the time of order apply, plus statutory VAT.

Unless otherwise agreed, invoices are due for payment in full within 14 days of the invoice date, by bank transfer. In the event of late payment, the statutory provisions apply (§§ 286 et seq. BGB), in particular regarding default interest and the flat fee under § 288(5) BGB.

Upon receipt of payment, we provide the customer with access credentials or license access to XAIRO by email. Initial setup and onboarding are included in the license price. Any hardware ordered is, where agreed, delivered fully set up and ready for use.

Upon full payment of the lifetime license, we grant the customer a simple, unlimited-in-time, non-sublicensable right to use XAIRO within the agreed scope (see section 2). The license may only be transferred to a third party as part of a transfer of the customer’s business (e.g. sale, merger) and only with our prior consent; such consent will not be withheld without good reason.

Continued operation requires an active, currently paid server fee (see section 7). The license itself is unaffected by this.

Access to the Xairo Online Manager and operation of the Xairo avatar require ongoing payment of the annual server fee under the applicable price list. If the customer does not pay the server fee, the Xairo Online Manager and all stored data remain accessible, but the Xairo avatar loses access to it and becomes inactive. Once payment is received, full access is restored immediately and without any loss of data.

Updates and support are included in the first year of the lifetime license. From the second year onward, an optional maintenance contract with a one-year term can be taken out, covering updates, support, and assistance maintaining interfaces and data. The maintenance contract does not renew automatically and must be newly ordered each year. Without a maintenance contract, XAIRO remains fully usable within the agreed scope, but without updates and support.

Statutory warranty rights apply. As the customer is exclusively a business within the meaning of § 14 BGB, the warranty period is one year from delivery, shortened from the standard statutory period to the extent legally permitted. The customer must notify us of any obvious defects without delay, and at the latest within two weeks of delivery, in writing; § 377 of the German Commercial Code (HGB) remains unaffected.

We are liable without limitation for intent and gross negligence, and for injury to life, body, or health. For ordinary negligence, we are liable only for breach of material contractual obligations (cardinal obligations, i.e. those whose fulfillment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely); in such cases, liability is limited to the foreseeable damage typical for this type of contract at the time of conclusion. Liability under the German Product Liability Act and for any expressly guaranteed characteristics remains unaffected.

We make no warranty as to the factual accuracy of content or answers generated by the Xairo avatar based on the knowledge base provided by the customer; the customer is solely responsible for the completeness and accuracy of the content they provide.

The processing of personal data in connection with this contract is governed by our privacy policy.

The lifetime license is granted for an indefinite period and cannot be terminated by ordinary notice. The server fee and the maintenance contract each run for one year and do not renew automatically. Each party’s right to terminate for good cause remains unaffected.

Amendments and additions to this contract must be made in text form (e.g. email). This also applies to any change to this written-form clause.

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, Germany.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected.

These Terms exist in a German and an English version. In the event of any discrepancy between the two versions, the German version is authoritative.