Business Terms - eustella

eustella Business Terms

Last updated: 12.10.2026 · Version 1.2.0

These Business Terms apply where eustella is used for business, professional, or organisational purposes — in the eustella app, on the eustella API Platform, or both — rather than as a consumer. They form a contract between you and AI Newsrooms Technology GmbH, Karl-Farkas-Gasse 22, 1030 Vienna, Austria, registered with the Commercial Court of Vienna under FN 637289s ("eustella", "we", "us"). "You" or the "Customer" means the company, organisation or other business on whose behalf the Services are used.

Two separate services. eustella offers business customers two separate services, which you can use together or on their own:

Business Plans — the Team and Enterprise plans for the eustella app at app.eustella.com and in the eustella mobile apps, with which your organisation's members use eustella as their AI assistant.
API Platform — programmatic access to eustella models through API keys at platform.eustella.com, together with the API dashboard in which you manage your API account, API keys, organisation and billing.

Each service has its own account, billing and contract under these Business Terms. Purchasing, using or ending one service does not affect the other. Where a provision of these Business Terms refers only to Business Plans or only to the API Platform, it applies only to that service; all other provisions apply to both.

Capitalised terms not defined here have the meanings given in our Terms of Use, in particular "Services", "Input", "Output" and "Content". "API Credit", "Customer Applications" and "End Users" have the meanings given in our API Platform Terms. "Top-up Credit" means credit associated with a Team or Enterprise plan at app.eustella.com that your organisation can add on top of the usage allowance included in its plan; it is used only once that allowance has been reached. Top-up Credit and API Credit are separate: Top-up Credit cannot be used on the API Platform, and API Credit cannot be used in the eustella app.

1. Your master agreement

Contract documents. These Business Terms are the master agreement governing your business use of the Services, together with our Usage Policy, Service Terms and Sharing & Publication Policy and, for the API Platform only, our API Platform Terms. Where eustella processes personal data on your behalf in connection with your business use, that processing is governed by our Data Processing Agreement, which is incorporated into these Business Terms by reference. Our Terms of Use apply to your business use only to the extent these Business Terms do not provide otherwise.

Individual agreements. Where we have concluded an individual written agreement with you — for example, an order form or enterprise agreement — that agreement prevails over these Business Terms to the extent of any conflict.

Order of precedence. In the event of a conflict, the following order applies: (1) an individual written agreement; (2) the Data Processing Agreement, as regards the processing of personal data; (3) the API Platform Terms, as regards the API Platform; (4) these Business Terms; (5) the Service Terms; (6) the Terms of Use. The Usage Policy and the Sharing & Publication Policy apply in addition to all of them.

Business Plans. For Business Plans, pricing, seats, usage limits, service scope, support, and other commercial conditions are set out either in the plan you accept at checkout or in an individual written agreement we conclude with you. The term and cancellation of Business Plans are set out in Section 7.

The API Platform. The rules that apply only to the API Platform — your API account, organisation and API keys, Customer Applications and End Users, prepaid API Credit, prices and payment, usage limits, and the retention of API Content — are set out in the API Platform Terms, which form part of these Business Terms for the API Platform and do not apply to Business Plans.

No consumer use. Because business use is not consumer use, the consumer-specific provisions of the Terms of Use — in particular the 14-day right of withdrawal, the consumer guarantee, and the provisions on consumer disputes — do not apply to your business use or to your business purchases. By accepting these Business Terms, you confirm that you are acting in the course of your trade, business or profession and not as a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) or Directive 2011/83/EU.

Your own terms do not apply. General terms and conditions of the Customer do not apply, even if we do not expressly object to them.

2. Conclusion of the contract

Acceptance. You accept these Business Terms, including the Data Processing Agreement, and the Usage Policy when you confirm your acceptance, or when you otherwise use the Services for business purposes:

Business Plans: when you purchase a Team plan at app.eustella.com, or when you conclude an individual written agreement for an Enterprise plan. The contract for a Business Plan is concluded when your purchase is confirmed or the individual written agreement is signed.
API Platform: when you create an account or sign in at platform.eustella.com, where you also accept the API Platform Terms. The contract for the API Platform is concluded when your API account is created.

We may decline to open an account or to accept a purchase without giving reasons.

Authority. The person who accepts these Business Terms confirms that they are authorised to bind the Customer. If you accept them in your own name while acting for a business, the business you act for is the Customer.

Accurate information. You must provide accurate and complete account, contact and billing information and keep it up to date.

3. Content and data

Ownership. As between you and eustella, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We hereby assign to you all our right, title and interest, if any and possible by law, in and to Output. Due to the nature of artificial intelligence, Output may not be unique and other customers may receive similar output; our assignment does not extend to other customers' output.

Your responsibility for Content. You are responsible for Content. You represent and warrant that you have all rights, licences and permissions needed to submit Input to the Services and to use Output as you do, and that your Input does not violate the law, the rights of any third party, or the Usage Policy.

Our use of Content. We process Content solely to provide the Services to you, to keep the Services secure and available, to prevent and investigate abuse, and to comply with the law.

No model training. We do not use Content — neither your Input nor the Output generated for you — to train, fine-tune or improve AI models, neither our own nor those of any third party.

Retention of Content. The two services keep Content differently:

Business Plans: Content is stored in your organisation's eustella account so that your members can work with it — for example chats, files and your organisation's knowledge base — until you or your members delete it or the contract ends. Deletion and return at the end of the contract are governed by the Data Processing Agreement.
API Platform: Input and Output are processed only while a request is handled and are not stored persistently, and no moderation records are kept for API requests. How long we keep usage records on the API Platform is set out in the API Platform Terms.

Personal data. Where Content contains personal data, eustella processes it on your behalf in accordance with the Data Processing Agreement. Our Privacy Policy describes how we process the personal data of you and your organisation's members for our own purposes, such as account administration, billing, and compliance with our legal obligations.

4. Confidentiality

Confidential Information. "Confidential Information" means any non-public information disclosed by one party to the other in connection with these Business Terms that is marked as confidential or should reasonably be understood to be confidential, including your Content, your API keys, and the non-public parts of our Services, pricing and security measures. It does not include information that is or becomes publicly available without breach of these Business Terms, was lawfully known to the recipient before disclosure, is lawfully received from a third party without an obligation of confidentiality, or is independently developed by the recipient.

Obligations. The recipient will use the other party's Confidential Information only to perform its obligations or exercise its rights under these Business Terms, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, sub-processors and professional advisers who need to know it and are bound by obligations of confidentiality no less protective than these. The recipient may disclose Confidential Information where required by law or by a competent authority, after informing the other party where this is legally permitted. These obligations survive the end of the contract for five years, and for trade secrets for as long as they remain trade secrets.

5. Intellectual property, restrictions and feedback

Our rights. We and our licensors own all rights, title and interest in and to the Services, including the models, software, documentation, the eustella apps and the API dashboard. Except for the rights expressly granted in these Business Terms, no rights are transferred to you. You may use our name and logo only in accordance with our Brand Guidelines, and you may not state or imply that eustella endorses your products or services.

Restrictions. You may not, and may not permit anyone to: (a) use the Services or Output to develop AI models that compete with eustella; (b) reverse engineer, decompile or attempt to extract the models, their weights or parameters, the instructions eustella adds to requests, or the source code or underlying components of the Services, except to the extent this restriction is prohibited by applicable law; (c) interfere with or disrupt the Services, or bypass any protective measure or safety mitigation we apply; (d) use the Services in a way that infringes, misappropriates or violates anyone's rights; or (e) represent that Output was made purely by a human when it was not.

Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop and improve our Services, without compensation to you.

6. Service changes, beta features and availability

Changes to the Services. We continuously develop the Services. We may add, change or remove features, models and endpoints. If a change materially reduces the functionality of the Services you use, we will give you reasonable advance notice, unless the change is required for security, legal or regulatory reasons. The retirement of models is governed by the Service Terms.

Beta Services. Features, models or endpoints identified as beta, preview or experimental are Beta Services within the meaning of the Service Terms and are provided on the terms set out there.

Availability. We provide the Services with reasonable skill and care and work to keep them available and performing well. Unless we have agreed a service level in an individual written agreement, we do not guarantee any particular level of availability or response time. Maintenance, security measures, capacity constraints and events beyond our reasonable control may temporarily restrict availability. Where possible, we announce planned maintenance in advance.

7. Suspension and termination

Suspension. We may suspend your account, individual API keys or individual members, in whole or in part, with immediate effect where we reasonably believe that: (a) you, your organisation's members or, on the API Platform, your End Users have materially breached these Business Terms, the API Platform Terms or the Usage Policy; (b) your account or an API key is being used without authorisation or poses a security risk; (c) suspension is necessary to prevent harm to the Services, to other customers or to third parties; (d) an amount owed by you has not been paid or has been charged back without justified reason; or (e) suspension is required by law or by a competent authority. Any suspension will be limited to what is reasonably necessary. We will inform you of the suspension and its reasons without undue delay, where this is legally permitted and does not defeat its purpose, and will lift it once its reason no longer applies. Requests made with a suspended account or API key are refused.

Term and cancellation of Business Plans. Business Plans are billed monthly or annually, at the price and for the billing period you choose at checkout. A Business Plan renews automatically for a further billing period of the same length unless it is cancelled before the end of the current billing period. You may cancel a Business Plan at any time at app.eustella.com or by contacting us at support@eustella.com; the cancellation takes effect at the end of the current billing period, and your organisation keeps access until then. Fees already paid for the current billing period are not refunded. Enterprise plans run for the term set out in the individual written agreement.

Termination of the API Platform by you. You may terminate the contract for the API Platform at any time by stopping your use of the API Platform and asking us to close your API account at support@eustella.com. API Credit you have purchased is not refunded when you terminate, except in the cases set out in the API Platform Terms.

Termination by us. We may terminate the contract for a Business Plan or for the API Platform without cause by giving you at least 30 days' notice by email; for a Business Plan, such termination takes effect at the end of a billing period. We may terminate the contract for cause with immediate effect if you materially breach these Business Terms, the API Platform Terms or the Usage Policy and — where the breach can be remedied — do not remedy it within 14 days of our notice, or where we are required to do so by law.

Consequences of termination. When a contract ends, your access to the service concerned ends; your other service, if you use both, continues unaffected. For Business Plans, the deletion and return of your organisation's Content are governed by the Data Processing Agreement. For the API Platform, the consequences for your API keys and API Credit are set out in the API Platform Terms. Amounts owed to us remain payable. Sections 3, 4, 5, 8, 9, 10, 13 and 14 survive the end of the contract.

8. Warranties and disclaimers

Nature of AI. Output is generated by machine learning models and may be incomplete, inaccurate, out of date or offensive, and may not accurately reflect real people, places or facts. You must evaluate Output for accuracy and appropriateness for your use case, including through human review where appropriate, before relying on it or making it available to others. You may not use Output as the sole basis for decisions that produce legal or similarly significant effects on a person.

Disclaimer. Except as expressly set out in these Business Terms, and to the extent permitted by law, the Services and Output are provided "as is" and "as available", and we make no representations or warranties that the Services or Output will be uninterrupted, error-free, accurate, or fit for a particular purpose. Nothing in this Section limits our liability under Section 9.

9. Limitation of liability

Unlimited liability. We are liable without limitation for damage caused intentionally or through gross negligence, for injury to life, body or health, under the Austrian Product Liability Act (PHG), and wherever liability cannot be excluded or limited by law.

Slight negligence. In all other cases, where we cause damage through slight negligence: (a) we are not liable for lost profit, loss of business or revenue, indirect or consequential damage, or damage arising from claims of third parties; (b) we are liable for the loss of data only in the amount of the effort that would have been required to restore the data had you taken appropriate and regular back-up measures; and (c) our total liability for all damage arising out of or in connection with these Business Terms in any twelve-month period is limited to the amount you paid us for the Services in the twelve months before the event giving rise to the liability, or EUR 100, whichever is higher.

Other provisions. These limitations also apply to the personal liability of our employees, representatives and vicarious agents. Liability under the Data Processing Agreement is governed by Article 82 GDPR and by this Section 9. Claims for damages against us must be brought in court within one year of the date on which you became aware of the damage and of the damaging party, unless mandatory law provides otherwise.

10. Indemnification

Your indemnity. You will indemnify and hold eustella harmless against all claims brought by third parties, and the resulting damage, fines and reasonable costs of legal defence, to the extent they arise from: (a) on the API Platform, your Customer Applications or their use by your End Users; (b) your Input; (c) your use of Output in breach of these Business Terms or the law; or (d) your or your End Users' breach of these Business Terms, the API Platform Terms, the Usage Policy or applicable law.

Procedure. We will inform you without undue delay of any claim for which we seek indemnification, allow you to control its defence where you acknowledge your obligation to indemnify us, and give you reasonable assistance at your expense. You may not settle a claim in a way that imposes an obligation on us or admits fault on our behalf without our prior written consent.

11. Changes to these Business Terms

We may update these Business Terms from time to time, for example to reflect new features, changes to the Services, or new legal requirements. We will give you at least 30 days' advance notice of any material change by email, in the eustella app or in the API dashboard. Changes apply only going forward. If you do not agree to a material change, you may terminate the affected contract before the change takes effect; for the API Platform, we will then refund the unused balance of the API Credit you purchased under the API Platform Terms; if you continue to use the Services after the effective date, the updated Business Terms apply. Changes required by law, or that concern only new features, may take effect immediately.

12. Trade controls

You must comply with all applicable sanctions and export control laws, including the restrictive measures of the European Union and Regulation (EU) 2021/821 on dual-use items. You confirm that neither you nor any person who owns or controls you is subject to sanctions of the European Union or the United Nations, or is established or ordinarily resident in a country or territory subject to comprehensive sanctions of the European Union. You may not use the Services, or make them or Output available, in breach of such laws or for the benefit of any person subject to such sanctions. We may refuse, suspend or terminate access where we reasonably believe this is necessary to comply with sanctions or export control laws.

13. Governing law and jurisdiction

Informal resolution first. If we have a dispute, we would first like to understand and try to address your concerns before any formal proceedings. Please contact us at legal@eustella.com. We will make good-faith efforts to resolve the matter within 30 days of receiving your notice.

Governing law. These Business Terms and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes or claims) are governed by the laws of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

Jurisdiction. The courts of Vienna, Austria, having subject-matter jurisdiction shall have exclusive jurisdiction. We may also bring proceedings against you in the courts of the place where you have your registered office.

14. General terms

Notices. We may send you notices under these Business Terms by email to the address of your account owner, in the eustella app (for Business Plans) or in the API dashboard (for the API Platform). Notices to us must be sent to legal@eustella.com.

Assignment. You may not assign or transfer any rights or obligations under these Business Terms without our prior written consent. We may assign or transfer our rights and obligations under these Business Terms to an affiliated company, by operation of law in connection with a merger or demerger of AI Newsrooms Technology GmbH, or in connection with a sale of all or substantially all of our assets or of the business associated with the Services.

Subcontractors. We may use subcontractors to provide the Services and remain responsible for them. The engagement of sub-processors is governed by the Data Processing Agreement.

Force majeure. Neither party is liable for any failure or delay in performing its obligations, other than payment obligations, to the extent caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, industrial action, governmental measures, or failures of public networks or third-party infrastructure.

Entire agreement and written form. These Business Terms, together with the documents referred to in Section 1, constitute the entire agreement between the parties regarding their subject matter. Individual written agreements, amendments and waivers must be made in writing; email is sufficient.

No waiver. A failure or delay in exercising a right does not constitute a waiver of that right.

Severability. If any provision of these Business Terms is or becomes invalid or unenforceable, the remaining provisions remain in force. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to its economic purpose.

Language. These Business Terms are concluded in English. Where we provide a translation, the English version prevails. For the Data Processing Agreement, the language version executed by the parties prevails.

15. Getting in touch

To discuss business or API access, an individual written agreement, or these Business Terms, contact us at office@eustella.com.

AI Newsrooms Technology GmbH
Karl-Farkas-Gasse 22, 1030 Vienna, Austria
Company register: FN 637289s, Commercial Court of Vienna
VAT ID: ATU81169478

Email: legal@eustella.com