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Additional Terms and Conditions for the AI Assistant

These Supplementary Terms and Conditions (hereinafter “EB-KI”) apply in addition to the General Terms and Conditions of Passcreator GmbH (available at www.passcreator.com/de/allgemeine-geschaeftsbedingungen, hereinafter “GTC”) for the use of the AI Assistant within the Passcreator platform. In the event of a conflict between these EB-AI and the GTC, the EB-AI shall take precedence. In all other respects, the GTC shall continue to apply unchanged. Terms not specifically defined in these EB-AI shall have the meanings set forth in the GTC.

§ 1 Subject Matter and Scope

1.1 These EB-KI govern the provision and use of the AI Assistant (hereinafter “AI Assistant”) as an additional feature of the Passcreator platform. The AI Assistant is part of the contractually agreed scope of services and is made available exclusively to registered customers as defined in the Terms and Conditions.

1.2 The AI Assistant is provided by Passcreator GmbH. To provide the AI services, Passcreator utilizes two sub-processors within the meaning of Art. 28(4) of the GDPR: The underlying AI infrastructure (hosting of the language model) is operated by Mittwald CM Service GmbH & Co. KG (hereinafter “Mittwald”). Responses to inquiries regarding the knowledge base as well as the API and support documentation are provided by a specially trained AI assistant from HybridAI GmbH (hereinafter “HybridAI”). To the extent thPasscreator. processes the customer’s personal data in connection with the AI assistant, Passcreator acts as the customer’s data processor; Mittwald and HybridAI are engaged as sub-processors in this regard.

1.3 Use of the AI assistant requires the existence of a valid user agreement in accordance with the Terms and Conditions. By using the AI assistant for the first time, the customer accepts these EB-AI terms.

§ 2 Description of Services

2.1 The AI Assistant supports the Customer in using the Passcreator platform. Typical use cases include, in particular:

  • Creation and editing of Pass templates for Apple Wallet and Google Wallet
  • Automated generation of passes based on data provided by the customer
  • Answering questions regarding platform usage as well as API and support documentation
  • Support with technical configuration and troubleshooting

2.2 The AI assistant has access to the API and support documentation provided by Passcreator. A connection to external data sources or the customer’s own systems is established only to the extent that this is expressly configured by the customer and supported by Passcreator.

2.3 The AI Assistant generates outputs based on statistical language models. It does not constitute a consulting product and, in particular, does not replace legal, tax, or technical expert advice. Passcreator does not guarantee any specific content, quality, or accuracy of the outputs.

2.4 Passcreator reserves the right to adjust the scope, availability, and technical design of the AI Assistant at its reasonable discretion, provided this is reasonable for the customer. The customer will be notified of any significant changes to the service in a timely manner.

2.5 The AI Assistant is identified as an AI system so that users recognize that they are interacting with artificial intelligence and not with a natural person. Output generated by the AI Assistant shall, to the extent required under Article 50 of Regulation (EU) 2024/1689 (AI Regulation), be labeled as artificially generated or processed in a machine-readable format. The customer’s obligations under Section 3.3 regarding labeling and verification in the event of their own productive use remain unaffected.

§ 3 Authorization to Use and Obligations of the Customer

3.1 The AI Assistant may be used exclusively by users as defined in the Terms and Conditions (Section 2.7 of the Terms and Conditions) for purposes related to the contractual use of the Passcreator platform.

3.2 The Customer and its users are prohibited from:

· entering personal data of third parties into the AI Assistant without their consent or without any other legal basis

· using the AI Assistant to circumvent the platform’s security mechanisms

· generating content that violates applicable law, in particular the German Copyright Act (UrhG), the German Trademark Act (MarkenG), the GDPR, or criminal law provisions

· analyzing, decompiling, or reverse-engineering the AI Assistant or the underlying language model (Section 69e of the UrhG remains unaffected)

· To perform automated mass queries that interfere with platform operations

· Use the assistant for purposes that fall outside the contractual use of the Passcreator platform

3.3 The Customer is obligated to independently review AI-generated outputs prior to their productive use. This applies in particular to the legal admissibility of content, compliance with labeling and information obligations (e.g., pursuant to the GDPR, TMG), and the technical correctness of pass configurations and API calls.

3.4 Violations of these obligations by the Customer or its users entitle Passcreator to take the measures provided for in the Terms and Conditions, including the immediate suspension of access to the AI Assistant.

3.5 The Customer shall indemnify Passcreator against all claims by third parties arising from the Customer or its users using the AI Assistant in violation of these EB-KI or applicable law, or from making unlawful inputs. The indemnification includes the reasonable costs of the necessary legal defense. Passcreator will immediately inform the Customer of any claim asserted.

§ 4 Data Protection

4.1 The processing of personal data in connection with the AI Assistant is subject to the privacy policy of Passcreator GmbH and – to the extent that Passcreator processes personal data on behalf of the customer – on the basis of the Data Processing Agreement (DPA) to be concluded pursuant to Section 2.6 of the Terms and Conditions in accordance with Article 28 of the GDPR.

4.2 As the controller within the meaning of Art. 4(7) GDPR, the customer is responsible for ensuring that the data entered by the customer or its users into the AI assistant is permissible under data protection law. In particular, the Customer must ensure that no special categories of personal data within the meaning of Article 9 of the GDPR (e.g., health data, biometric data) are entered.

4.3 The AI infrastructure is operated exclusively within the European Union by Mittwald and HybridAI as sub-processors. No input or conversation data is transferred to AI services outside the EEA.

4.4 Conversation History

4.4.1 Conversation content is stored after a session ends and made available to the respective user via the platform as a conversation history. The user may delete their conversation history at any time.

4.4.2 Conversation data is automatically and irrevocably deleted three (3) months after it is generated. Storage beyond this period occurs only to the extent and for as long as Passcreator is legally obligated to retain the data or the data is necessary for the assertion, exercise, or defense of legal claims. In this case, the relevant data will be blocked from further processing and deleted immediately once the reason for retention no longer applies.

4.4.3 Within the retention period specified in 4.4.2, Passcreator is entitled to view and analyze stored conversations for the following purposes:

· Detection, analysis, and prevention of misuse and fraudulent activities (Legal basis: Art. 6(1)(f) GDPR; the legitimate interest arises from Recital 47 of the GDPR)

· Quality assurance and further development of the AI assistant (Legal basis: Art. 6(1)(f) GDPR; legitimate interest in improving the contractually owed service). The customer may object to the evaluation for this purpose at any time with future effect (Art. 21 GDPR); the evaluation for the purposes of misuse prevention under indent 1 remains unaffected by this

4.4.4 To the extent that the analysis under 4.4.3 concerns personal data of the Customer’s users (end-customer data), this is carried out exclusively within the framework of the AVV.

4.5 Technical Log Data

4.5 Passcreator collects system-generated log data (e.g., timestamps, error messages, API requests) for the purposes of system security, availability monitoring, and troubleshooting. This log data does not contain any conversation content and is deleted in accordance with the general retention periods.

4.6 Customer inputs and conversation content are not used to train Mittwald’s or HybridAI’s general AI or language models. The evaluation pursuant to § 4.4.3 for the further development of the AI assistant remains unaffected to the extent specified therein.

§ 5 Availability and Warranty

5.1 The provisions regarding the availability of the online portal agreed upon in the Terms and Conditions apply accordingly to the availability of the AI assistant.

5.2 Passcreator does not warrant that the outputs generated by the AI assistant are complete, correct, up-to-date, or suitable for a specific purpose. Defects in the AI Assistant within the meaning of warranty law exist only if the Assistant fails to perform the functions described in § 2 or does not perform them in accordance with the contract.

5.3 The customer is obligated to notify Passcreator of any defects in the AI Assistant in writing (§ 126b BGB) immediately upon discovery (duty to give notice analogous to § 377 HGB for commercial customers).

§ 6 Liability

6.1 Passcreator shall be liable for damages arising from the use of AI-generated outputs only in cases of intent and gross negligence, as well as in the event of a breach of material contractual obligations (cardinal obligations). In the event of a breach of cardinal obligations, liability is limited to foreseeable damages typical for this type of contract.

6.2 Passcreator shall not be liable, in particular, for damages resulting from the customer’s transfer of AI-generated outputs into production systems or their use vis-à-vis third parties without the customer’s own independent review.

6.3 The foregoing limitations of liability do not apply to damages resulting from injury to life, limb, or health, nor to damages under the Product Liability Act.

6.4 In the event of a breach of a material obligation due to slight negligence that results in data loss, Passcreator’s liability is limited to the costs that would typically have been required to restore the data had the customer performed proper and regular data backups.

6.5 In all other respects, the liability provisions of the General Terms and Conditions apply.

§ 7 Amendments to these Supplementary Terms

7.1 Passcreator is entitled to amend these Supplementary Terms and Conditions with at least four (4) weeks’ notice. Notice shall be provided via email to the email address on file in the customer account or through a clearly visible notice within the platform.

7.2 The deemed consent under sentence 2 applies only to changes that are insignificant and do not alter the balance of performance and consideration to the detriment of the customer (e.g., adjustments due to changed legal or regulatory requirements, editorial clarifications, or adjustments to the technical design). If the customer does not object to such changes within four (4) weeks of receiving the notice, they shall be deemed accepted. Passcreator will specifically point out this legal consequence in the notice. Material changes, in particular those affecting the scope of services or the primary performance obligations, require the customer’s express consent; Section 7.3 remains unaffected.

7.3 In the event of a timely objection, Passcreator is entitled to terminate the customer’s access to the AI Assistant. The remainder of the User Agreement remains unaffected.

§ 8 Final Provisions

8.1 The applicable law and venue shall be governed by the General Terms and Conditions.

8.2 Should individual provisions of these EB-KI be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision that most closely approximates the economic purpose of the invalid or unenforceable provision shall be deemed agreed upon. The same applies to any gaps in the provisions.

8.3 These EB-KI are written in German. In the event of any conflict between a German version and a version in another language, the German version shall prevail.

As of June 2026