Terms and Conditions
This is a translation for convenience. The German version is legally binding.
§ 1 Scope, provider, contract language
(1) These Terms and Conditions ("Terms") apply to the use of the AI text detector and analysis services ("Service") of PlagiatGPT, operated by Simon Schmidlin (address see Impressum). They apply in the version current at the time the contract is concluded.
(2) The Service is aimed at consumers (§ 13 BGB), business customers (§ 14 BGB), and legal entities under public law and public-law special funds (in particular schools, school authorities, and universities). Provisions that apply only to one of these groups are expressly marked as such. For educational institutions, the School Licence Agreement together with the data processing agreement takes precedence; these Terms apply only supplementarily and subordinately in that case.
(3) Any conflicting terms and conditions of the user are objected to; they become part of the contract only if the provider expressly agrees to their application in text form.
(4) The contract and communication language is German. An English version of these Terms is provided for information only; in the event of discrepancies, the German version prevails.
§ 2 Service description
(1) The Service analyses texts submitted by the user for indications of AI generation. It comprises a Quick Analysis and an in-depth Deep Analysis. The scope of the features available depends on the chosen plan and the available quota (§ 3).
(2) No guarantee of accuracy. The analysis provides a probabilistic, statistical assessment of the likelihood of AI generation. The provider gives no guarantee that a text classified as "AI-generated" or "human" actually is so; false positives and false negatives are inherent to the technology and cannot be ruled out. The consumer's statutory rights for defects in digital products (§ 8) remain unaffected.
(3) Not a sole basis for decisions. The result is a technical aid and may not be used as the sole basis for decisions that are adverse to data subjects — in particular not for examination, training, grading, employment, disciplinary, or contractual measures. A final assessment always requires a separate substantive review by a human. This applies regardless of whether the decision is automated within the meaning of Art. 22 GDPR.
(4) Text detection runs entirely on the provider's own systems within the EU; no third-party detection APIs are used. Submitted texts are not used to train detection models.
(5) The provider may further develop the Service, update detection models, and change individual features, provided this is reasonable for the user and the core benefit owed under the contract is preserved. The duty to provide updates under § 327f BGB (§ 8 (6)) remains unaffected.
§ 2a Beta and preview features
Individual features may be marked "Beta", "Preview", or "Early Access". They are provided without any guarantee of availability, freedom from errors, or continuation, may be changed or discontinued at any time, and also serve testing purposes. § 2 (2) and § 9 apply accordingly. For consumers, this provision applies only to the extent the feature concerned is not part of the core benefit owed under the contract.
§ 3 Plans, quotas and pricing
(1) The Service is offered in tiered plans: Free, Basic, Pro and Max; a limited access without an account is also available. Daily quotas (requests and characters) apply, and for Deep Analysis a monthly page quota per the table below. Individual Deep Analysis pages can additionally be credited as a bonus quota (e.g. 5 pages for confirming the newsletter subscription under paragraph 3); bonus pages are redeemable regardless of plan (including on the Free plan and without an account, where technically supported), non-transferable, non-refundable, and do not expire on a plan change. Daily character and request quotas of the respective plan remain unaffected.
| Plan | Requests/day | Characters/day | Words/day (guide) | Deep Analysis (plan quota) | Pages/month (Deep) |
|---|---|---|---|---|---|
| No account | 5 | 1,700 | approx. 200 | via bonus quota | 0 (from plan) |
| Free | 50 | 5,100 | approx. 600 | via bonus quota | 0 (from plan) |
| Basic | 200 | 8,500 | approx. 1,000 | yes | 10 |
| Pro | 500 | 42,500 | approx. 5,000 | yes | 50 |
| Max | 2,000 | 212,500 | approx. 25,000 | yes | 250 |
(2) Newsletter bonus. Anyone who subscribes to the newsletter during registration and verifies the subscription via the confirmation link sent will receive five Deep Analysis pages as a one-time bonus quota. The benefit is shown transparently when subscribing. The newsletter can be unsubscribed at any time via the unsubscribe link in every newsletter email; bonus pages already credited are unaffected. Use of the Service does not depend on the newsletter subscription.
(3) Prices. Current prices and billing periods for paid plans are shown on the Pricing page, which is kept up to date and not duplicated here. The user receives the prices and billing periods applicable to them with the order confirmation in text form under § 312f BGB.
(4) Small-business rule. The provider is a small business under § 19 of the German VAT Act (UStG). For customers resident in Germany, no VAT is shown; the prices stated are final prices without a separate VAT breakdown in that case. For customers resident outside Germany, VAT treatment follows the rules of the relevant destination country; any applicable VAT is shown during the order process.
(5) Payment is processed via Mollie (Mollie B.V., Netherlands). See the Privacy Policy for details. Payments are due in advance for the respective billing period. Educational institutions are billed exclusively by invoice and bank transfer; no payment service provider is involved in that case.
§ 4 Conclusion of contract, term and cancellation
(1) The contract for a paid plan is concluded upon completion of the order process. These Terms and the withdrawal notice must be actively confirmed during the order process. Immediately before the order is submitted, the essential characteristics of the service, the total price, the term, and the cancellation conditions are again clearly and prominently displayed to the user (§ 312j (2) BGB); the order button is labelled "order with obligation to pay" (§ 312j (3) BGB). The user receives an order confirmation on a durable medium immediately after the contract is concluded (§ 312f BGB).
(2) Subscriptions have the term stated in the price overview and renew for the same period unless cancelled by the end of the term. For consumers: the initial term is at most two years, the notice period is at most one month, and after automatic renewal the contract can be cancelled at any time with one month's notice (§ 309 no. 9 BGB).
(3) Cancellation button (§ 312k BGB). Paid subscriptions concluded online can be cancelled by consumers at any time via the "Cancel contracts here" button. The button is permanently available and directly and easily accessible; it requires no login. On the confirmation page, the cancellation is submitted via the "cancel now" button. The user receives confirmation of receipt of the cancellation, including the time and effective date, on a durable medium.
(4) No pro-rata refund. A cancellation takes effect at the end of the current, already-paid billing period; access continues until then. There is no entitlement to a pro-rata refund for billing periods already begun or expired, unless mandatory consumer-protection provisions, the right of withdrawal (§ 5), or defect rights (§ 8) provide otherwise.
(5) The right to extraordinary termination for good cause remains unaffected for both parties.
§ 4a Suspension and termination by the provider
(1) The provider may temporarily suspend access or terminate the contract for good cause, in particular in the event of (a) a material or repeated breach of these Terms, (b) abusive or fraudulent use, (c) payment default despite a deadline having been set, (d) an unauthorised chargeback, or (e) submission of unlawful content.
(2) Before suspension or termination, the user will, to the extent reasonable and legally permitted, be asked to remedy the situation within a set deadline. Prior notice may be omitted in the case of particularly serious breaches, imminent legal liability, or a statutory prohibition on notice.
(3) In the event of payment default, the account may be downgraded to the free plan or suspended. Statutory termination rights, the right of withdrawal (§ 5), and defect rights (§ 8) remain unaffected. Amounts already paid for a period no longer usable following suspension will be refunded if the suspension is not attributable to the user.
§ 5 Right of withdrawal
§ 5a Right of withdrawal for consumers (§ 13 BGB)
(1) Consumers have a statutory right of withdrawal of fourteen days. Details are set out in the withdrawal notice provided to the user during the order process and as an annex to these Terms; it also contains the model withdrawal form.
(2) Expiry. The Service is a digital service within the meaning of § 327 (2) sentence 2 BGB. The right of withdrawal expires under § 356 (5) no. 2 BGB only once the service has been fully rendered, and only if the consumer, before performance began, (a) expressly agreed that the provider would begin performance before the withdrawal period ends, and (b) confirmed their awareness that their right of withdrawal expires on full performance of the contract. For a subscription, the service is not fully rendered during the ongoing contract period; the right of withdrawal therefore remains available for the entire withdrawal period.
(3) Value replacement. If the consumer exercises the right of withdrawal after having expressly requested that performance begin before the withdrawal period ends, they owe value replacement for the service already rendered up to the withdrawal, calculated proportionally to the total scope of the contractually agreed service (§ 357a (2) BGB). This requires that the provider has informed the consumer accordingly under Art. 246a § 1 (2) sentence 1 nos. 1 and 3 EGBGB; this notice is given during the order process.
§ 5b No right of withdrawal for business customers and public bodies
Business customers (§ 14 BGB) and legal entities under public law have no right of withdrawal. The statutory right of withdrawal under §§ 355 et seq. BGB is a consumer right only.
§ 6 Customer obligations and permitted use
(1) The user may only submit texts to which they hold the necessary rights, and no unlawful or rights-infringing content. The user is responsible for the permissibility of any submission.
(2) Third-party personal data. If submitted texts contain personal data of third parties that is not manifestly publicly available, and the user processes such data as a data controller, a data processing agreement under Art. 28 GDPR must be concluded before use (§ 7). The provider makes a template agreement available for this purpose (see the DPA page).
(3) Prohibited use. It is prohibited to use the Service in order to
a) engage in automated mass use beyond the plan quotas, or circumvent technical restrictions (rate limiting, quotas);
b) deliberately evade or manipulate the detection performance, or enable third parties to do so, in particular by using the analysis results to develop or optimise tools for obscuring AI-generated text;
c) impair the availability or security of the Service;
d) decompile or reverse-engineer the software, except to the extent permitted under § 69e UrhG (German Copyright Act) or other mandatory provisions.
(4) The user indemnifies the provider against third-party claims arising from unlawful or contract-breaching use of the Service by the user, to the extent the user is responsible for the breach.
§ 6a User account and access credentials
(1) The user keeps their access credentials confidential, does not disclose them to third parties, and protects their account against unauthorised access. Any suspicion of compromise must be reported to the provider without delay.
(2) The provider sends legally relevant notices to the email address stored in the account; the user keeps this address up to date.
§ 6b Minimum age and minors
(1) Concluding a paid contract requires unlimited legal capacity. Minors between the ages of 7 and 17 may effectively book a paid plan only with the consent of their legal guardians (§§ 106 to 108 BGB). The provider provides an appropriate declaration during registration; it does not collect age-verification data for this purpose.
(2) To the extent use requires data-protection consent (e.g. for product analytics or the newsletter), such consent is effective for children under 16 only with the consent of the holders of parental responsibility (Art. 8 (1) GDPR).
(3) Where use takes place in a school context via an educational institution, responsibility for the involvement of minors is governed by the School Licence Agreement and the data processing agreement; the institution ensures the necessary legal bases are in place.
§ 6c Feedback
If the user voluntarily submits feedback on the Service, they grant the provider a non-exclusive, royalty-free right to use that feedback to further develop the Service. Texts submitted for analysis are expressly not covered by this. No right to pass feedback on to third parties, publish it, or use it for other purposes is granted.
§ 7 Data processing and educational institutions
For controllers who use the Service to process personal data of third parties — in particular educational institutions — the provider makes available a data processing agreement under Art. 28 GDPR (see the DPA page). For educational institutions, the School Licence Agreement additionally applies, governing term, fees, and termination, and takes precedence over these Terms.
§ 8 Defect rights for digital products (consumers)
(1) This § 8 applies only to consumers. For business customers and legal entities under public law, the statutory provisions apply; § 9 remains unaffected.
(2) The provider owes provision of the Service free of product and legal defects under §§ 327d to 327g BGB. The Service must meet the subjective requirements (the agreed characteristics), the objective requirements (the characteristics usual for comparable services), and the integration requirements.
(3) Precautionary agreement on a deviation from objective requirements. That the analysis provides a probabilistic assessment with possible false-positive and false-negative results (§ 2 (2)) corresponds to the characteristics usual for comparable services. To the extent this nonetheless constitutes a deviation from the objective requirements, the consumer is informed of this separately and with express identification of this characteristic and its extent before the contract is concluded, and expressly and separately agrees to it during the order process via a standalone checkbox not combined with any other declaration and not pre-ticked (§ 327h BGB); the wording of the consent is reproduced in the order confirmation under § 312f BGB. Availability does not deviate from the objective requirements under § 9 (1) and therefore requires no separate consent.
(4) If the Service is defective, the consumer may demand cure and, subject to the conditions of §§ 327m et seq. BGB, terminate the contract or reduce the price; claims for damages are governed by § 9.
(5) Burden of proof. If a defect appears during a continuous provision within the provision period, it is presumed that the Service was defective throughout the preceding provision period (§ 327k (2) BGB).
(6) Updates. During the provision period, the provider provides the updates necessary to maintain the Service's conformity with the contract — in particular security updates — and informs the consumer of them (§ 327f BGB). There is no obligation to provide new features.
§ 9 Availability and liability
(1) Availability. The provider guarantees an average availability of the Service of 99.0% per calendar month. Announced maintenance windows, further development work, disruptions outside the provider's control (failures of upstream providers, internet disruptions, force majeure), and necessary security measures are not counted against this availability.
(2) The provider is liable without limitation
a) for intent and gross negligence,
b) for damages arising from injury to life, body, or health,
c) to the extent of any guarantee assumed,
d) under the Product Liability Act, and
e) for claims of data subjects under Art. 82 GDPR to the statutory extent.
(3) For slightly negligent breach of an essential contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely (cardinal obligation) — liability is limited to the damage typical for the contract and foreseeable at the time of conclusion.
(4) Otherwise, liability for slight negligence is excluded.
(5) No liability for the accuracy of the analysis result. The provider is not liable for damages arising from the probabilistic analysis result being incorrect in an individual case, or from the user using the result as the sole basis for a decision contrary to § 2 (3). Paragraph 2 remains unaffected.
(6) In the event of data loss, the provider is liable, within the scope of paragraphs 2 to 4, only for the effort that would have been required to restore the data had the user carried out proper and regular data backups.
(7) Additional liability cap for business customers and public bodies. Towards business customers and legal entities under public law, liability under paragraph 3 is additionally capped at the fees paid for the Service in the twelve months preceding the damaging event, but at least EUR 5,000. Paragraphs 2 and 5 remain unaffected. This cap does not apply towards consumers. Where a liability cap under a data processing agreement concluded with the user also exists for the same damage, the caps under this paragraph and under the data processing agreement do not apply cumulatively; payments made towards one cap are credited against the other.
(8) The above limitations of liability also apply for the benefit of the provider's legal representatives, employees, and agents. They do not entail any change in the burden of proof to the user's disadvantage.
§ 10 Data portability and switching providers
(1) The user may terminate the contract at any time with notice of at most two months in order to switch to another provider or to their own infrastructure.
(2) The provider supports the switch in good faith. It makes the user's data — in particular account master data, submitted texts, and analysis results — available for export in a structured, commonly used, machine-readable format.
(3) The transition period for the switch is 30 calendar days from receipt of the switch request; it is extended reasonably if the switch cannot be technically completed within this period. After the transition period and a further 30-day grace period, the provider deletes the user's data in accordance with the Privacy Policy.
(4) No fees are charged for the switch or the data export.
(5) Information on the available export formats and the switching process is available on the website before the contract is concluded and will be provided in text form on request.
(6) Scope reservation. The provider takes the position that the Service is not a data processing service within the meaning of Art. 2 no. 8 of Regulation (EU) 2023/2854 (Data Act), as it does not provide the user with independently configurable, scalable, and elastic computing resources. The preceding paragraphs are complied with regardless of this classification. To the extent the Regulation applies to this contract, paragraphs 1 to 5 constitute its implementation.
§ 11 Final provisions
(1) Choice of law. German law applies. For consumers, this choice of law applies only to the extent it does not deprive them of the protection afforded by mandatory provisions of the law of their habitual residence (Art. 6 (2) Rome I Regulation).
(2) Jurisdiction. If the user is a business customer, a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered seat (Berlin). No jurisdiction agreement applies against consumers; the statutory places of jurisdiction remain applicable.
(3) Consumer dispute resolution. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
(4) Changes to these Terms. The provider may amend these Terms with effect for the future; the user will be informed of changes at least six weeks before they take effect, in text form. If the user does not object within six weeks and continues to use the Service, the changes are deemed accepted; the notice of change separately draws attention to this. The right of termination remains unaffected. Price changes and changes to the scope of services to the user's disadvantage are excluded from this deemed-consent mechanism; they require the user's express consent.
(5) Survival. The provisions on liability (§ 9), permitted use (§ 6), feedback (§ 6c), and these final provisions (§ 11) survive termination of the contract to the extent required by their nature. Payment claims already accrued remain unaffected.
(6) Severability. Should individual provisions be invalid, the validity of the remaining provisions is unaffected; the invalid provision is replaced by the applicable statutory rule.
Annexes
1. Withdrawal notice and model withdrawal form
2. Price overview in the version displayed at the time of booking
3. Data processing agreement under Art. 28 GDPR on request (see the DPA page)