Terms of Service

Version 2, 2026-07-14

These Terms of Service are a legal agreement between you (the "Customer") and TNG Technology Consulting GmbH ("TNG") for the TrustedTokens inference API service ("TrustedTokens"). By using TrustedTokens, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement, as well as TNG's Privacy Policy. These Terms are intended exclusively for business customers (Unternehmer, § 14 BGB). TNG provides TrustedTokens only to Customers who have verified their business status during onboarding (in particular by providing a valid VAT identification number, commercial register number, or other verifiable evidence of business status, e.g. business registration, professional license, or comparable documentation for sole proprietors, partnerships, and freelancers).

1. Access Grant

TNG hereby grants to the Customer a non-exclusive, worldwide, time-limited right to access and use the TrustedTokens API service in accordance with these Terms of Service for the duration of the subscription until its termination in accordance with Section 6. TNG retains all intellectual property rights for the service and underlying infrastructure, granting the Customer limited rights of use. The right of use may be terminated only in accordance with the termination provisions in Section 6.

1.1 Amendments

TNG may amend these Terms prospectively — including the service description and the Service Level commitments in Section 5 — only where TNG has a legitimate interest (in particular changes in law, regulation, or technology) and the amendment is not unreasonable for the Customer. Price increases during a running paid subscription term are excluded. At renewal, TNG may adjust the fees with no less than one (1) month's prior notice before the renewal date; the Customer may terminate the subscription with effect from the renewal date if it objects to the adjusted fees. The amendment provisions of this Section 1.1 shall not apply to the Data Processing Agreement, which is governed by Section 2.4. Customers are notified of any amendment in text form no later than six (6) weeks before it takes effect. The amendment is deemed accepted if the Customer does not object in text form before the effective date. If the Customer objects to an amendment that is not a price reduction, the Customer may terminate the subscription with effect from the date the amended Terms would take effect, without being bound to the regular notice period. In that case, TNG shall refund any prepaid fees on a pro-rata basis for the period after termination.

2. Restrictions and Obligations

2.1

The Customer shall not resell, sublicense, or otherwise make available TrustedTokens API access to third parties without prior written agreement from TNG. Sharing API credentials within the Customer's organization for internal use is permitted. The Customer shall keep API credentials confidential and shall be responsible for all activity conducted under its account. Any unauthorized sharing, resale, or misuse of API access or credentials constitutes a violation of the Acceptable Use Policy (Section 3) and entitles TNG to suspend access or terminate these Terms for important cause in accordance with Sections 3 and 6.2.

2.2

With respect to third-party model licenses, the Customer consents to adhere to the respective model license terms and Acceptable Use Policies. The Customer shall indemnify and hold harmless TNG from and against all claims, demands, losses, damages, costs, and expenses arising out of or resulting from the Customer's own breach of those obligations.

2.3

The Customer shall not use TrustedTokens to process data classified under applicable export control regulations in a manner that would violate those regulations.

2.4 Data Processing

To the extent TNG processes personal data on behalf of the Customer in the provision of TrustedTokens, the parties shall conclude a separate Data Processing Agreement (DPA) in accordance with Art. 28 GDPR before processing begins. The DPA governs the rights and obligations of the parties with regard to data protection and is incorporated by reference into these Terms. The DPA in its current version is available upon request. The DPA shall contain the mandatory elements pursuant to Art. 28 Abs. 3 lit. a–h GDPR, including sub-processor authorization pursuant to Art. 28 Abs. 2 and 4. TNG may update the DPA only with the Customer's prior written consent. Where a change in applicable law requires an amendment of the DPA, TNG shall inform the Customer in advance and obtain the Customer's consent. This amendment mechanism shall not apply to the appointment, replacement, or removal of sub-processors pursuant to Art. 28 Abs. 2, 4 and 7 GDPR, which always require the Customer's prior specific or general written authorization with the right to object. If the Customer cannot be reached despite at least two (2) contact attempts via the Customer's registered communication channels within ten (10) Werktage (Monday to Saturday excluding public holidays), TNG shall suspend the affected processing operations until the Customer's consent is obtained. If the Customer refuses consent, TNG may terminate these Terms for important cause in accordance with Section 6.2. TNG shall notify the Customer without undue delay, and in any case within seventy-two (72) hours, of any personal data breach of which TNG becomes aware in its capacity as processor, in accordance with Art. 33 GDPR and Art. 28 Abs. 3 lit. f GDPR. Processing of personal data for TNG's own purposes is governed by the Privacy Policy.

2.5 Customer Content and Confidentiality

The Customer retains all rights in the prompts and other inputs it submits to TrustedTokens ("Customer Content"). TNG receives a limited, non-exclusive licence to use Customer Content and outputs solely for the provision, operation, security and troubleshooting of the service. TNG shall not use Customer Content or outputs to train, improve or develop models unless the Customer has separately consented in text form or by a clear affirmative action; the Customer may withdraw such consent at any time without disadvantage (Art. 7 Abs. 3 GDPR). The Customer warrants that it has obtained all necessary rights and consents, including from any affected data subjects, before granting such consent, and shall indemnify TNG against claims arising from any failure to do so. Outputs are assigned to the Customer to the extent assignable, subject to third-party and underlying model rights of TNG and its licensors. Each party shall keep the other's confidential information — including Customer Content and outputs — confidential, bind its personnel and sub-processors accordingly, and maintain this obligation for three (3) years after termination.

2.6 Data Location and Cross-Border Transfers

TNG processes personal data in the provision of TrustedTokens exclusively within the European Union or the European Economic Area (EU/EWR). TNG does not transfer personal data to third countries outside the EU/EWR unless the Customer has separately consented to such transfer in accordance with Art. 49 DSGVO, or the transfer is based on suitable safeguards within the meaning of Art. 46 DSGVO (in particular the standard contractual clauses of the European Commission). Where a transfer to a third country becomes necessary, TNG shall inform the Customer in advance and shall enter into the required agreements (in particular standard contractual clauses) with the respective recipient. Sub-processors engaged by TNG are bound to process personal data within the EU/EWR unless a documented transfer based on Art. 46 DSGVO is in place.

3. Acceptable Use Policy

The Customer shall not use TrustedTokens to:

1. generate, distribute, or store child sexual abuse material (CSAM);
2. develop or deploy malware intended for unauthorized access, data theft, or system disruption;
3. generate non-consensual intimate imagery;
4. facilitate harassment, stalking, or targeted attacks against individuals;
5. generate or disseminate disinformation at scale with intent to deceive in civic processes;
6. circumvent safety measures or content filters implemented in the models.

TNG reserves the right to suspend or terminate access for violations of this Acceptable Use Policy at its reasonable discretion (§ 315 BGB). Where a violation is remediable and not severe, TNG shall, before suspending or terminating access, notify the Customer and grant a reasonable opportunity to remedy the violation. Immediate suspension or termination is reserved for severe or repeated violations, or where required to protect TNG, other customers, or third parties from imminent harm.

4. Billing and Payment

4.1

Subscription plans provide a monthly token allowance plus access to dedicated GPU capacity. The monthly fee covers both the token allowance and the fixed infrastructure costs (dedicated GPU capacity, power, hosting, network). Applicable rates are published on the pricing page.

4.2

Token allowances reset at the start of each billing period. Unused tokens do not roll over and are forfeited at the end of each billing period.

4.3

Free trial: A trial with a limited monetary budget is available to all plans. The applicable trial budget is published on the pricing page. The trial is independent of the Customer's chosen plan and is not time-limited; it ends when the trial budget is exhausted. To start a trial, a valid payment method must be provided. The payment method is validated but not charged during the trial. The Customer may cancel the trial at any time via the account page. If the trial budget is exhausted, API access is paused. The Customer must explicitly opt in to start a paid subscription to regain access; the transition to a paid subscription is not automatic.

4.4

The trial budget is separate from the plan's monthly token allowance. Upon starting a paid subscription, the Customer receives the full monthly allowance of the chosen plan. Unused trial budget is not carried over and is forfeited.

4.5

The subscription may be cancelled at any time via the account page. Cancellation takes effect at the end of the current billing period. Upon termination of the subscription by the Customer, no refund is provided for the partial billing period, except where the Customer terminates under Section 1.1 (objection to an amendment), in which case TNG shall refund any prepaid fees on a pro-rata basis for the period after termination. Upon termination by TNG, whether ordinary or for important cause, or for reasons for which TNG is responsible, the Customer is entitled to a pro-rata refund of any prepaid fees for the period after the effective date of termination.

4.6

All amounts are exclusive of applicable taxes. TNG will add applicable VAT to invoices where required by law. For cross-border B2B supplies within the EU where the reverse-charge mechanism applies (§ 13b UStG), the VAT is not shown on the invoice; the Customer is responsible for declaring the VAT in its country of establishment. The Customer shall inform TNG without undue delay of any changes affecting the tax treatment (in particular its VAT identification number or place of establishment).

5. Service Level

5.1

TrustedTokens is provided as a service on a best-effort basis for the Shared Inference tier. Reserved Capacity and Managed tiers include service level commitments as defined in the applicable order confirmation or service order.

5.2

TNG will use commercially reasonable efforts to maintain service availability. Scheduled maintenance windows will be communicated with at least 48 hours advance notice where possible.

6. Term and Termination

6.1

These Terms of Service are effective upon the Customer's access or use of TrustedTokens, and will continue until terminated.

6.2

TNG may terminate these Terms of Service for important cause (§ 314 BGB) if the Customer culpably breaches a material contractual obligation and fails to remedy such breach within a reasonable grace period set by TNG. The grace period shall be at least ten (10) business days (Werktage, i.e. Monday to Saturday excluding public holidays) unless the breach cannot reasonably be remedied within that period and a longer period is communicated to the Customer. A grace period is not required where the Customer seriously and definitively refuses performance, or where special circumstances exist which, weighing both interests, justify immediate termination. Important cause within the meaning of § 314 BGB includes, without limitation, breach of material contractual obligations, insolvency, loss of trust, or other circumstances that make continuation of the contractual relationship unreasonable. The Customer's statutory right to terminate for important cause remains unaffected.

6.3

These Terms have no fixed minimum term unless otherwise agreed. The Customer may terminate at any time without cause with one (1) month's notice to the end of the billing month, or with immediate effect for important cause in accordance with Section 6.2. TNG may terminate without cause with one (1) month's notice to the end of the billing month, or with immediate effect for important cause in accordance with Section 6.2. The refund of prepaid fees upon termination is governed by Section 4.5. TNG may revoke API keys only for important cause in accordance with Section 6.2 and shall, where practicable, grant the Customer a reasonable opportunity to export its data before revocation takes effect.

6.4

Upon termination, all outstanding charges become immediately due. Upon request, TNG will provide the Customer with an export of the Customer's data, including Customer Content, in a common, machine-readable format within thirty (30) days of termination, provided that the Customer submits such request prior to deletion. At the Customer's choice, TNG shall either delete or return all personal data processed on behalf of the Customer, including existing copies and backups, in accordance with Art. 28 Abs. 3 lit. g GDPR. Backups and replicas shall be deleted no later than the end of the regular backup retention cycle. Deletion is suspended while an export request is being processed. TNG will delete the Customer's account data no later than ninety (90) days after termination, unless longer retention is required by EU or Member State law (in particular retention obligations under commercial and tax law, § 147 AO, § 257 HGB). Upon completion of deletion, TNG will confirm deletion to the Customer upon request.

7. Warranty and Liability

7.1

TNG provides TrustedTokens on an "as is" and best effort basis. In particular, no warranty of quality or operational capability is provided beyond the service level commitments in Section 5.

7.2

TNG does not warrant any results of the use of TrustedTokens or that TrustedTokens itself is bug-free or error-free.

7.3

TNG shall be liable without limitation (a) under the German Product Liability Act; (b) for damages arising from injury to life, body or health; (c) for intent and gross negligence – including of legal representatives, executive employees, and all other persons employed in performing TNG's obligations (Erfüllungsgehilfen, § 278 BGB); and (d) for the breach of a guarantee assumed by TNG. In the event of a slight-negligence breach of essential contractual obligations (cardinal obligations), TNG shall be liable for the typically foreseeable damage. In all other respects, liability for slight negligence is excluded.

7.4

TNG's aggregate liability for any claims arising under these Terms of Service shall not exceed the total fees agreed and paid by the Customer to TNG during the twelve (12) months preceding the event giving rise to the claim, or, if lower, the fees agreed for the current subscription term. The exclusions and unlimited liability grounds set out in Section 7.3 remain unaffected.

8. Miscellaneous

8.1

Any provisions which by their nature are intended to survive termination or expiration of these Terms of Service shall survive any termination or expiration.

8.2

The Customer's use of TrustedTokens shall comply with all applicable laws, legislation, rules and regulations.

8.3

These Terms of Service will be construed and governed in accordance with the laws of Germany, without regard to its rules of conflict or choice of law provisions that would require the application of the laws of any other jurisdiction; the United Nations Convention on the International Sale of Goods (CISG) shall not apply. Any and all disputes, claims, or controversies arising out of or relating to these Terms of Service including the Customer's use thereof, shall be resolved exclusively in the court of Munich, provided the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law within the meaning of § 38 ZPO. For Customers without this quality, the statutory places of jurisdiction remain unaffected.

8.4

Should any term of these Terms of Service be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.

8.5

These Terms of Service represent the entire agreement between TNG and the Customer concerning TrustedTokens, and any and all other prior agreements, representations, statements, negotiations, and undertakings with respect to such subject are terminated and superseded hereby.

8.6 Limitation Period

Claims of the Customer arising from a breach of duty by TNG — other than claims for damages for which TNG is liable without limitation under Section 7.3 — shall become time-barred one (1) year after the Customer becomes aware of the circumstances giving rise to the claim and the person of the debtor, and in any case three (3) years after the claim arises. The statutory limitation periods for claims based on intent and for the liability grounds set out in Section 7.3 (a)–(d) remain unaffected.

8.7 Set-off and Retention

The Customer may only set off counterclaims against TNG's claims if its counterclaim is legally established, is undisputed, or is based on the same contractual relationship. The Customer may only exercise a right of retention on the basis of counterclaims that are legally established, undisputed, or arise from the same contractual relationship.

8.8 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, or failures of sub-contractors not attributable to the party. The affected party shall notify the other party without undue delay and shall use commercially reasonable efforts to resume performance as soon as practicable. If the event of force majeure lasts longer than thirty (30) days, either party may terminate these Terms with immediate effect without liability, subject to the refund provisions in Section 4.5.

8.9 Assignment

The Customer may not assign, transfer, or otherwise dispose of its rights and obligations under these Terms to a third party without TNG's prior written consent, which shall not be unreasonably withheld. TNG may assign its rights and obligations under these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that TNG informs the Customer in advance and the assignee assumes all obligations under these Terms.

8.10 Notices

All notices under these Terms shall be given in text form (§ 126b BGB) to the contact addresses or email addresses provided by the respective party during onboarding or subsequently communicated. TNG may also send notices to the Customer via the account dashboard. The Customer shall inform TNG without undue delay of any change in its contact details. For Customers established outside the EU/EEA, a representative pursuant to Art. 27 GDPR (if applicable) shall be designated upon request.