General Terms and Conditions
As of: June 2026 · Version 2026-06-05
§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts between VIVAM GmbH, Jülicher Straße 209 Q–S, 52070 Aachen (hereinafter “Provider” or “VIVAM”), and its customers (hereinafter “Customer”) concerning the paid use of the software VIVAM GUIDE, the associated language model VIVAM LLM, as well as the provision of the hardware required for this purpose.
(2) VIVAM GUIDE is aimed primarily at entrepreneurs within the meaning of § 14 BGB (in particular psychotherapists and medical institutions). A consumer within the meaning of § 13 BGB is any person who enters into the contract for purposes that are predominantly outside their trade, business or profession.
(3) Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that VIVAM has expressly agreed to their application in writing.
§ 2 Subject Matter of the Contract
(1) Hardware: VIVAM provides the Customer with the hardware required to operate VIVAM GUIDE under a rental agreement. The hardware is sourced exclusively through VIVAM and remains the property of VIVAM for the entire term of the contract. As a rule, the scope of delivery per treatment room comprises:
- 1 × Apple Mac Mini (local computer for software and AI model)
- 1 × suitable conference microphone (USB or Bluetooth)
The specific model selection of the peripheral devices may be adjusted by VIVAM to changed technical requirements or supply availability, provided that suitability for the contractual purpose is maintained.
(2) Software and AI Model: In addition, the Customer receives time-limited rights of use to:
- the VIVAM GUIDE software (installed locally on the Mac Mini)
- the VIVAM LLM (Large Language Model, running locally on the Mac Mini)
(3) The specific configuration and scope of services result from the service description at vivam.io as well as from the individual order and installation protocol.
§ 3 Conclusion of Contract
(1) The presentation of the products on the website does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(2) By selecting the billing interval (monthly or annually), entering the required contact and billing details, completing the technical pre-assessment and selecting a preferred installation date, and then submitting the order via the “Order with obligation to pay” button at vivam.io/checkout, the Customer makes a binding offer to conclude the contract. The order is submitted immediately upon clicking the order button; billing is carried out by invoice (§ 4).
(3) The contract is concluded as soon as VIVAM confirms acceptance of the offer in text form (e.g. by email) or begins preparing the installation. The order confirmation is sent to the Customer by email as a PDF without undue delay after receipt of the order.
(4) The contract language is German. The information relevant to the conclusion of the contract (order date, tariff, price, term, payment method, customer and, if applicable, delivery address) is sent to the Customer together with the order confirmation by email as a durable PDF medium in accordance with § 312f BGB. The Customer can save and print this file. These Terms and the privacy policy are also available at any time at vivam.io/agb and vivam.io/datenschutz respectively.
(5) Before submitting the order, the Customer has the option to correct their entries in the ordering process at any time using the “← Back” button. On the order summary, all details are presented in summarized form before submission.
§ 4 Prices and Payment Terms
(1) Free trial period: The first month from the installation day is free of charge. During this time, the Customer may terminate the contract at any time without giving reasons.
(2) Price and billing interval: At checkout, the Customer chooses between monthly and annual billing. The total fee including statutory value-added tax amounts, for the first treatment room, to 120,00 EUR per month with monthly billing or 99,00 EUR per month with annual billing. For each additional treatment room, the fee in both models is 79,00 EUR per month. With annual billing, the fee is charged twelve months in advance. The total fee includes the hardware rental share pursuant to para. 3 (25,00 EUR per room and month); the remaining share is attributable to the software usage fee.
(3) Hardware: The hardware is provided to the Customer exclusively under a rental agreement through VIVAM. The monthly fee is 25,00 EUR incl. VAT per room and covers the provision of the hardware as well as ongoing maintenance, repair and replacement in the event of technical defects. The hardware remains the property of VIVAM and must be returned at the end of the contract.
(4) All prices are transparently shown at vivam.io/preise. There are no hidden fees.
(5) Payment method: Billing is carried out monthly or annually in advance, depending on the interval selected at checkout. Payment is made by invoice with a payment term of 14 days from the invoice date. VIVAM sends the invoice to the Customer – monthly in the case of monthly billing, once a year in the case of annual billing – by email to the email address provided at checkout. Payment is made by bank transfer to the business account stated on the invoice. As the first month from the installation day is free of charge (para. 1), the first invoice covers eleven months in the case of annual billing.
(6) Price adjustments: VIVAM is entitled to adjust the prices with a notice period of 6 weeks to the end of a calendar month. In the event of price increases of more than 5 % per year, the Customer has an extraordinary right of termination effective as of the date the price adjustment takes effect.
(7) Default of payment: The Customer is in default at the latest 30 days after the due date and receipt of the invoice, unless they have already been sent a reminder beforehand. In the event of default, VIVAM is entitled to charge default interest at the statutory rate pursuant to § 288 BGB as well as a reminder fee of 5,00 EUR per reminder. In the event of payment default of more than 30 days or despite two reminders, VIVAM is entitled to temporarily suspend the provision of services or to terminate the contract extraordinarily.
(8) Special provision for parental leave: During a documented period of parental leave of the persons providing the professional services, the software fee may be suspended for the duration of the parental leave. During this time, only the hardware rental share for provision and maintenance is charged. The minimum contract term is not automatically extended as a result. The suspension must be notified in text form.
§ 5 Commencement, Term and Termination of the Contract
(1) The contract begins with the successful installation and setup of the hardware and software (“installation day”). The pre-configured hardware is sent to the Customer in advance; installation and setup take place at the agreed appointment via remote access. The following month is the free trial period.
(2) Termination during the trial period: During the free trial period, the Customer may terminate the contract at any time in text form without observing a notice period and without giving reasons.
(3) Minimum contract term: After the trial period ends, a minimum contract term of 12 months begins. Ordinary termination is excluded within this minimum term.
(4) Termination after the minimum term: After the minimum term ends, the contract continues for an indefinite period. It may be terminated at any time in text form with one month’s notice to the end of the month.
(5) Return of the hardware: At the end of the contract, the hardware must be returned to VIVAM in full and in perfect condition within 14 days. Upon request, VIVAM provides a prepaid return label.
(6) The right to extraordinary termination for good cause remains unaffected for both parties.
(7) Terminations require text form (e.g. letter or email to info@vivam.io).
§ 6 Hardware Rental
(1) The hardware is provided to the Customer exclusively under a rental agreement through VIVAM. Purchase of the hardware by the Customer is not possible.
(2) The monthly rent pursuant to § 4 para. 3 covers the provision of the hardware as well as maintenance, repair and replacement in the event of technical defects for the entire contract term. No acquisition costs are incurred.
(3) The hardware remains the property of VIVAM for the entire contract term and must be returned at the end of the contract pursuant to § 5 para. 5.
(4) The Customer is obliged to treat the hardware with care for the duration of the contract and to adequately insure it against customary risks (theft, damage).
§ 7 Rights of Use to Software and AI Model
(1) For the duration of the contract, VIVAM grants the Customer a non-exclusive, non-transferable right to use the VIVAM GUIDE software and the VIVAM LLM. Use is permitted exclusively for the Customer’s internal business operations.
(2) In particular, the Customer is not entitled to:
- reproduce, distribute or make the software or the model publicly available;
- reverse engineer, decompile or disassemble the software or the model, except where mandatorily permitted by law;
- pass on, sublicense or rent out the software or the model to third parties;
- remove or alter copyright or proprietary notices.
(3) All rights to the software and the AI model, including all further developments, remain with VIVAM.
§ 8 LoRA Adaptations and Data Processing
(1) Through use at the Customer’s premises, the VIVAM LLM is adapted and further developed to the Customer’s specific requirements by means of Low-Rank Adaptation (LoRA).
(2) The Customer grants VIVAM the non-exclusive, irrevocable, worldwide and royalty-free right to use the model parameters learned through LoRA adaptations and to use them in aggregated or anonymized form for the further development of the VIVAM LLM.
(3) The transfer takes place at regular intervals via an encrypted connection. VIVAM undertakes to process personal data in accordance with the GDPR and to treat the Customer’s trade secrets confidentially. For this purpose, the parties conclude a separate data processing agreement (DPA) pursuant to Art. 28 GDPR.
(4) The Customer undertakes to configure the system in such a way that no personal data or particularly sensitive information within the meaning of Art. 9 GDPR is incorporated into the LoRA adaptations, insofar as this is technically possible and reasonable.
§ 9 Updates and Support
(1) VIVAM provides software updates and model upgrades free of charge for the duration of the contract term.
(2) The Customer receives technical support by email (support@vivam.io) and telephone during normal business hours (Mon–Fri, 9:00–17:00) for the duration of the contract.
§ 10 Warranty
(1) Hardware: Since the hardware is rented, VIVAM warrants its functionality for the entire contract term. Maintenance, repair and replacement in the event of technical defects are included in the monthly rent (§ 4 para. 3, § 6).
(2) Software: VIVAM warrants that the software essentially fulfils the functions described in the product documentation. Error-free operation in every system configuration is not owed.
(3) The warranty does not apply in the event of improper use, modification by the Customer, use in an unapproved system environment, or defects attributable to force majeure or circumstances beyond VIVAM’s control.
§ 11 Liability
(1) VIVAM is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, as well as under the provisions of the Product Liability Act (Produkthaftungsgesetz).
(2) In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), VIVAM’s liability is limited in amount to the foreseeable damage typical for the contract.
(3) Otherwise, VIVAM’s liability is excluded.
§ 12 Right of Withdrawal for Consumers
VIVAM GUIDE is aimed primarily at entrepreneurs within the meaning of § 14 BGB (§ 1 para. 2). For entrepreneurs, there is no statutory right of withdrawal.
If, in an individual case, the Customer is exceptionally a consumer within the meaning of § 13 BGB, they are entitled to the statutory right of withdrawal pursuant to §§ 312g, 355 BGB. The following cancellation policy applies exclusively to this case.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, takes possession of the hardware, or from the conclusion of the contract in the case of pure service contracts.
To exercise your right of withdrawal, you must inform us (VIVAM GmbH, Jülicher Straße 209 Q–S, 52070 Aachen, email: info@vivam.io) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs, without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
You bear the direct costs of returning the hardware. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functioning.
Compensation for value in the event of early use of the service: If you have requested that the services (in particular the use of the software, support and maintenance services) should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
§ 13 Confidentiality
Both parties undertake to treat all confidential information of the other party that becomes known in the course of this contract as strictly confidential and to use it only for the performance of the contract. This obligation continues to apply even after the termination of the contract.
§ 14 Data Protection
Information on the processing of personal data when using the website and our services is contained in our privacy policy. In addition, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.
§ 15 Final Provisions
(1) Amendments and additions to this contract must be made in text form. This also applies to the cancellation of the text form requirement.
(2) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
(3) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is Aachen, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany.