General Terms and Conditions (AGB)

Last updated: May 2026

This document is the German-jurisdiction version of our Terms of Service. The English-language Terms of Service at /terms is the binding agreement for all Customers. This AGB document is provided for German, Austrian, and Swiss Customers as a localized summary; in the event of conflict, the Terms of Service control unless mandatory local law requires otherwise. A German translation of this AGB is planned.

§1 Scope of Application (Geltungsbereich)

These General Terms and Conditions ("AGB") apply to all contracts concluded between Driven Success LLC, a Delaware limited liability company doing business as OpenClaw Direct ("we", "us", "Provider"), and any natural or legal person who registers for or uses the OpenClaw Direct managed hosting service for AI agents on Kubernetes ("Customer"). The AGB apply to both Business Customers (Unternehmer within the meaning of §14 BGB) and Consumer Customers (Verbraucher within the meaning of §13 BGB). Deviating, conflicting, or supplementary terms and conditions of the Customer do not become part of the contract unless we have expressly agreed to them in writing. These AGB apply in addition to, and are subordinate to, our English-language Terms of Service, which constitute the binding agreement between the parties.

§2 Conclusion of Contract (Vertragsschluss)

The contractual relationship between the Customer and the Provider is formed when the Customer (a) completes the signup process at openclaw.direct, (b) expressly accepts the Terms of Service and these AGB via the clickwrap acceptance mechanism presented during signup, and (c) successfully authorizes payment through our payment processor Stripe. Display of plans and pricing on our website does not constitute a binding offer; rather, the Customer's submission of a signup form together with valid payment authorization constitutes the offer, which we accept by provisioning access to the service. We reserve the right to decline service at our discretion, including but not limited to cases of suspected fraud, prior abuse, sanctions screening, or unsuccessful payment authorization. A Customer must be of legal age in their jurisdiction to enter into this contract.

§3 Services (Leistungen)

The Provider operates a managed hosting platform on Kubernetes that runs Customer-configured AI agents ("Machine Instances") and connects them to third-party messaging channels and foundation-model providers, including Anthropic Claude and OpenAI. The scope of services depends on the Plan selected by the Customer (Basic at USD 19/month, Advanced at USD 29/month, or Turbo at USD 59/month) and is described in detail on our pricing page and in §2 of our Terms of Service. Every subscription includes free trial credits as published on the pricing page. The Provider reserves the right to modify, enhance, or discontinue features of the service in accordance with the Terms of Service, provided that material adverse changes are communicated to the Customer with reasonable advance notice.

§4 Availability (Verfügbarkeit)

The Provider operates the service on a best-efforts basis and aims for high availability of the platform. No contractually binding service-level agreement (SLA) is offered for consumer Plan tiers (Basic, Advanced, Turbo). A contractual SLA is available only under a separately negotiated enterprise agreement. The Provider may from time to time perform scheduled or emergency maintenance, during which the service or parts thereof may be unavailable. Maintenance windows, incidents, and current platform status are published at status.openclaw.direct. The Provider is not liable for unavailability caused by factors outside its reasonable control, including but not limited to outages of upstream cloud providers, foundation-model providers, messaging channels, or public networks.

§5 Customer Obligations (Pflichten des Kunden)

The Customer is solely responsible for: (a) compliance with our Acceptable Use Policy; (b) the configuration, prompts, instructions, and behavior of any AI agent the Customer deploys on the platform; (c) the conduct of any end users with whom the Customer's agents interact ("End Users"); (d) lawful use of the service under applicable national, EU, and international law, including data-protection, consumer-protection, intellectual-property, and export-control law; (e) safeguarding account credentials and promptly notifying us of any suspected unauthorized access; and (f) obtaining and maintaining any consents, notices, or legal bases required for the Customer's processing of End User data through the service. The Customer indemnifies the Provider against third-party claims arising from the Customer's breach of these obligations to the extent permitted by applicable law.

§6 Fees and Payment (Vergütung und Zahlung)

Plan fees are set out on our pricing page and are charged in advance on a recurring monthly or annual basis depending on the billing cycle selected by the Customer. Subscriptions renew automatically until cancelled. Payment is processed by our payment processor Stripe (for EU Customers: Stripe Payments Europe Ltd.). Further payment terms are set out in §4 of our Terms of Service. VAT treatment: Stripe collects EU value-added tax from Consumer Customers in the European Union where applicable; for Business Customers in the EU outside Germany, the reverse-charge mechanism may apply where the Customer has provided a valid VAT identification number. Prepaid credits are non-transferable and do not expire while the Customer's account remains active. Cancellation does not entitle the Customer to a refund of fees already paid for the current billing period, subject to §8 and mandatory consumer-protection law.

§7 Term and Termination (Laufzeit und Kündigung)

The contract runs for the billing term selected by the Customer at signup (monthly or annual) and renews automatically for successive periods of the same length unless cancelled. The Customer may cancel the subscription at any time before the next renewal date through the account dashboard at openclaw.direct. Cancellation takes effect at the end of the current billing period; the Customer retains access to the service until that date. No refund is issued for the current billing period upon cancellation, subject to mandatory consumer-protection law and §8 below; see also §4.9 of the Terms of Service at /terms#refunds. The Provider may terminate or suspend the contract for cause, including material breach of these AGB, breach of the Acceptable Use Policy, payment default, or as required by law.

§8 Right of Withdrawal for Consumers (Widerrufsrecht für Verbraucher)

Consumer Customers (Verbraucher within the meaning of §13 BGB) entering into a distance contract have a statutory right of withdrawal of fourteen (14) days under §355 BGB. Loss of the right of withdrawal under §356 Abs.5 BGB: Where the Customer expressly requests that the Provider commence performance of the digital service before the end of the withdrawal period, and acknowledges that the right of withdrawal is thereby extinguished upon commencement of full performance, the right of withdrawal lapses. By activating their first Machine Instance, the Customer is deemed to have made such a request and acknowledgment, and the right of withdrawal is thereby extinguished. A complete and formally compliant Widerrufsbelehrung (withdrawal instructions) along with a model withdrawal form will be provided in the forthcoming certified German version of this AGB. Until that version is published, Verbraucher who require the statutory written form of the withdrawal instructions may request a copy by email at support@openclaw.direct.

§9 Data Protection (Datenschutz)

The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR), the German Bundesdatenschutzgesetz (BDSG), and other applicable data-protection law. Details of our data-processing activities, lawful bases, retention periods, and the rights of data subjects are set out in our Privacy Policy. Where the Customer processes personal data of End Users through the service and the Provider acts as a processor on the Customer's behalf, the parties enter into a Data Processing Agreement; see our Data Processing Agreement. Sub-processors used by the Provider (including foundation-model providers and infrastructure providers) are listed in the DPA or referenced therein.

§10 Liability (Haftung)

The Provider's liability under this contract is limited as set out in §13 of the Terms of Service, including the aggregate liability cap stated therein. The following mandatory exceptions apply and remain unaffected by any contractual limitation: liability for damages resulting from gross negligence (grobe Fahrlässigkeit) or willful misconduct (Vorsatz) on the part of the Provider, its legal representatives, or its vicarious agents; liability for fraudulent misrepresentation; liability for personal injury, harm to life, body, or health; liability under the German Produkthaftungsgesetz (Product Liability Act); and any other liability that may not be excluded or limited under mandatory law. For slight negligence (leichte Fahrlässigkeit), the Provider is liable only for breach of cardinal obligations (Kardinalpflichten) and only up to the foreseeable damages typical for this type of contract.

§11 Warranty (Gewährleistung)

Statutory warranty rights under §433 ff. BGB and, in particular, the rules on warranty for digital products under §327 ff. BGB apply to the extent applicable to the digital services provided under this contract. The Provider warrants that the service substantially conforms to the description on our pricing page and in the Terms of Service. Where the service fails to conform, the Customer is entitled to the statutory remedies in the order and on the conditions set out by law, including subsequent performance (Nacherfüllung), price reduction (Minderung), withdrawal from the contract (Rücktritt), and damages, subject to §10 above. Defect claims must be reported to support@openclaw.direct without undue delay after discovery. Statutory limitation periods apply.

§12 Final Provisions (Schlussbestimmungen)

Governing law: This contract and these AGB are governed by the laws of the State of Delaware, United States of America, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection law of the Customer's habitual residence remains unaffected and prevails over the chosen law to the extent it grants the Consumer Customer protection that may not be derogated from by agreement. Place of jurisdiction: For disputes with Business Customers, merchants (Kaufleute), legal persons under public law, or special funds under public law, the exclusive place of jurisdiction is Delaware, USA, subject to mandatory rules on jurisdiction. Consumer Customers may bring proceedings in the courts of their habitual residence as required by mandatory law. Severability: Should any provision of these AGB be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected; the invalid or unenforceable provision shall be replaced by a provision that most closely reflects the parties' economic intent.

This AGB document is in English pending a certified German translation. For the binding English-language Terms, see /terms.