AGB Appendix 4 – Generative AI in the Homepage Builder

General Terms and Conditions of Ledl.net GmbH & Co. KG

Terms and conditions Appendix 1 – Domain names.

GTC Appendix 2 – SSL Certificates

GTC Appendix 3 – Third-party vouchers

This Annex contains additional provisions for customers who use the functions provided within the Homepage Builder (“Builder”) to generate or revise content using generative artificial intelligence (“AI functions”).

1) Scope of application and terms

  1. Third-party provider. OpenAI services are used for the AI functions (e.g. ChatGPT, OpenAI API). For users in the EEA, services are generally provided by OpenAI Ireland Ltd. The OpenAI EU Terms of Use and the OpenAI Privacy Policy apply.
  2. Roles. The toolkit provides the AI functions; OpenAI processes input content (prompts) and generates output. Depending on the product/integration, OpenAI can act as its own controller or – with suitable company/API tariffs and DPA – as a processor; the applicable OpenAI terms and conditions are decisive in each case.

2) Service description and conditions of use

  1. Support function. The AI functions support the creation of content in the modular system. The output may be factually inaccurate, incomplete, not unique or legally problematic. Before publication, each issue must be checked manually by the customer (“human-in-the-loop”); there is no substitute for expert advice.
  2. Copyright and rights of use to editions. In the relationship between OpenAI and the user, rights to the input remain with the user; rights to outputs are transferred/assigned to the extent permitted by law. Similar outputs can also be made available to other users.
  3. Permitted use. Illegal, harmful or improper use and the circumvention of technical protection measures are prohibited. The applicable OpenAI guidelines must be complied with.

3) Data protection and data flows

  1. Data types. When using the AI functions, prompts/inputs, any uploaded files/images/audio and usage/log data are transmitted to OpenAI.
  2. Controller and data subject rights. For EEA/CH users, OpenAI Ireland Ltd is the controller within the meaning of the GDPR. Data subject rights (access, erasure, rectification, data portability, objection, etc.) can be exercised in accordance with the OpenAI Privacy Policy.
  3. Data transfers to third countries. OpenAI may process personal data outside the EEA, including in the USA, and relies on applicable legal bases (e.g. adequacy decisions, standard contractual clauses).
  4. Training/model improvement. For end customer services (e.g. ChatGPT), content may be used for model improvement; there may be an opt-out in the account settings. For Business/Enterprise/API usage, business content is not used for training by default; retention and (if offered) EU processing/storage options can be configured.
  5. Legal basis. The disclosure to and processing by OpenAI is based – depending on the individual case – on Art. 6 para. 1 lit. b GDPR (contract regarding AI function) and/or lit. f GDPR (legitimate interest in providing secure, up-to-date AI functions). Customers are responsible for ensuring a lawful basis for all personal data they enter (incl. Art. 9 GDPR for special categories).

4) Obligations of customers (EU-AI-Act, GDPR & labeling)

  1. Transparency/labeling. If AI-generated or AI-manipulated content (e.g. texts, images, audio/video, so-called “deepfakes”) is provided to end users, clear labeling as AI-generated must be ensured. When interacting with a chatbot/assistant, users must be informed that they are interacting with an AI system (unless this is already obvious).
  2. Temporal application. Obligations for providers of general AI (GPAI providers) have applied since August 2, 2025. Extended transparency obligations for users/deployers (including labeling) will become binding from August 2, 2026. Customers are responsible for timely compliance.
  3. Data minimization & third party rights. No personal data of third parties may be entered unless there is a viable legal basis for this; special categories of personal data (Art. 9 GDPR) only with express consent or relevant exception. Copyright, trademark, personality and image rights must be observed.
  4. No sole basis for legally relevant decisions. Expenditure may not be used as the sole basis for decisions with legal or similarly significant effect (e.g. employment, credit, housing, insurance).
  5. Manual check. Before publication on the website, each issue must be checked for accuracy, legal conformity, non-discrimination and any third-party rights.

5) Responsibility, exemption and limits

  1. Responsibility for content. Customers are solely responsible for their submissions and the published issues; there is no preliminary review of generated issues.
  2. Disclaimer of liability. To the extent permitted by law, no guarantee is given for the accuracy and completeness of the editions; mandatory consumer rights remain unaffected.
  3. Exemption. Customers shall indemnify and hold the Provider harmless from any third-party claims resulting from their use of the AI functions (e.g. infringement of third-party rights, omitted labeling, data protection violations).

6) Changes to the third-party provider terms and conditions

The use of the AI functions is subject to the continued validity of the current OpenAI EU Terms of Use and the OpenAI Privacy Policy. In the event of significant changes to the third-party conditions or technical requirements, the AI functions may be adapted, temporarily suspended or discontinued.