Usage Terms

These Patalyze Usage Terms (“Terms”) are an agreement between Organization and Patalyze GmbH governing Organization’s purchase, receipt, or use of any AI & Data Usage Balance redeemable for Patalyze’s Services (“AI & Data Usage Balance”). Capitalized terms used but not defined in these Terms will have the meanings set forth in the agreement between Organization and Patalyze that governs Organization’s use of the applicable Services (the “Agreement”).

1. Types of AI & Data Usage. Patalyze offers consumption-based Services that draw on an AI & Data Usage Balance made up of: (i) Paid AI & Data Usage, purchased by topping up the Balance; (ii) Included AI & Data Usage, the periodic allowance included with a subscription plan; and (iii) promotional Free AI & Data Usage that Patalyze may grant. All are denominated in euro and deducted in accordance with §9 of the Agreement. Free AI & Data Usage will not be applied against any sales, use, gross-receipts or similar transaction-based taxes applicable to Organization.

2. Nature of the AI & Data Usage Balance. The AI & Data Usage Balance is not legal tender, currency, a bank account, digital wallet, stored-value account, or other payment device, and has no equivalent value in fiat currency. It is non-transferable, is not redeemable, exchangeable or refundable for money except as expressly provided in §9.6 and §10 of the Agreement, and confers no property right other than the right to use the applicable Services. The Balance, with per-request itemisation of deductions, is available for review in Organization’s account, and Organization is solely responsible for verifying it. Any purported transfer, sale, gift or trade of AI & Data Usage is prohibited and may result in revocation of the Balance and/or suspension or termination of the account without refund.

3. Subscriptions. Subscription plans are paid monthly or annually, as selected. Each plan includes a predefined amount of AI & Data usage for each one-month period of the term (a “Usage Month”), expressed as a euro value and specified in the order (the “Included Usage”). Subscription fees are charged in advance (monthly plans at the start of each monthly billing period, annual plans as a single payment at the start of each annual billing period), and on annual plans the Included Usage is provided per Usage Month over the term, not as a single annual allowance. Upgrades take effect immediately, together with the new fees; downgrades take effect at the start of the next billing period.

4. Top-ups. Independently of, or in addition to, any subscription, Organization may add Paid AI & Data Usage by purchasing top-ups (“Top-ups”) on an ad-hoc basis, in the amounts Patalyze makes available; Organization is under no obligation to purchase Top-ups on any recurring or scheduled basis. Top-ups convert from euro to AI & Data usage one-to-one (each €1 adds €1 of AI & Data usage) and are stated exclusive of VAT, with VAT and any other applicable taxes added to the amount payable. The amount is charged in full at the time of purchase, and the AI & Data usage is added to the Balance once payment is received.

5. Validity and expiry. Included AI & Data Usage is valid only for the Usage Month in which it is granted, expires at the end of that Usage Month, and does not roll over, whether the subscription is billed monthly or annually. Top-ups expire twelve (12) months after the date of purchase if unused, unless otherwise specified at purchase. Patalyze will notify Organization (in the account or by email) before purchased AI & Data Usage expires.

6. Consumption order. AI & Data Usage is consumed earliest-expiry-first; where expiry dates are equal, the oldest amount is consumed first. Organization cannot select the consumption order, and all Users assigned to Organization consume from the same AI & Data Usage Balance.

7. Model Cost and Service Fee changes. Changes in Model Cost are passed through under §9.6 of the Agreement and do not give rise to any refund or compensation. Changes to the Service Fee are governed by §9.6 of the Agreement, which gives Organization a right to terminate and obtain a pro-rata refund if it does not accept the change.

8. Changes to these Terms. Patalyze may modify these Terms by posting a revised version or by emailing the account email, effective as stated, subject to the amendment process and objection rights in §13 of the Agreement.