Terms of Service (AGB)

Updated: 2026-09-02

Version: 2026. Terms of Service for the modwall service — business-to-business only.

§ 1 Scope and parties

(1) These Terms apply to all contracts for the use of the „modwall“ service between Adam Koch, Weißensteinstr. 44, 58093 Hagen, Germany (the „Provider“) and the customer.

(2) The service is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and at public-law entities. No contracts are concluded with consumers. By registering, the customer confirms that it acts in the course of its commercial or professional activity.

(3) Deviating or conflicting terms of the customer do not become part of the contract, even if the Provider does not expressly object to them.

§ 2 Subject matter and description of services

(1) The Provider makes available an API and a web widget for the automated assessment of images and text for potentially unwanted content (including nudity/NSFW, violence, weapons, abusive language), together with a customer area, a review queue for borderline cases (human in the loop), webhooks, an audit log and integrations for third-party systems.

(2) The service returns assessments with probability scores and a recommendation derived from the customer's settings (allow / review / block). The decision to publish, block or delete content is taken solely by the customer. The service is not legal advice and does not replace any content moderation required by law.

(3) Images submitted for assessment are not stored permanently. The Provider stores assessment results, technical metadata and log data to the extent set out in the Privacy Policy.

(4) The scope of services follows from the description of services valid at the time of conclusion of the contract, in particular from the selected plan (request quota, features, number of seats).

§ 3 Registration and conclusion of contract

(1) Use requires a customer account. The customer shall provide truthful information and update it without delay.

(2) The contract for the free plan is concluded upon activation of the account. For paid plans, the contract is concluded upon confirmation of the plan selection by the Provider or upon activation of the plan after receipt of payment.

(3) Access credentials and API keys must be kept secret. The customer is liable for use of the service with its keys; if misuse is suspected, the key must be revoked in the customer area without delay.

§ 4 Prices, VAT and payment

(1) All prices are net prices in euro plus statutory German VAT, currently 19 %.

(2) For customers established in another EU member state who provide a valid VAT identification number including the country code, the tax liability is transferred to the recipient of the service (reverse charge, § 13b UStG). Without such a number, German VAT is charged.

(3) Paid plans are invoiced in advance for a period of 30 days (prepaid). There is no automatic renewal; after expiry the account reverts to the free plan unless the customer pays again.

(4) Payment is made via the payment service provider offered on the website. Invoices are provided electronically in the customer area; the customer consents to electronic invoicing.

(5) The Provider may change prices for future billing periods. Changes are communicated by e-mail at least 30 days in advance and apply from the next period; prices for periods already paid remain unchanged.

§ 5 Term and termination

(1) The free plan runs for an indefinite period and may be terminated by either party at any time without notice period.

(2) Paid plans end upon expiry of the paid period without any termination being required.

(3) The right to extraordinary termination for cause remains unaffected. Cause exists for the Provider in particular where the customer breaches § 6.

(4) The customer may delete its account at any time in the customer area. Upon deletion, keys become irreversibly invalid; statutory retention obligations remain unaffected.

§ 6 Customer obligations

(1) The customer ensures that it is entitled to transmit the content submitted for assessment and has a legal basis for processing personal data.

(2) The customer is responsible for the thresholds and operating modes it configures and for the decisions resulting from them.

(3) The following are prohibited in particular: use to circumvent security or access restrictions, automated bulk querying beyond the purchased quota, reverse engineering of the models, resale of the service without agreement, and transmission of content whose possession or distribution is a criminal offence. The customer undertakes not to transmit depictions of child sexual abuse but to report them to the competent authorities in accordance with applicable law.

(4) In the event of breaches, the Provider may block the keys concerned and temporarily restrict access. The Provider will inform the customer without delay and, where possible, hear the customer beforehand.

§ 7 Availability, maintenance and changes

(1) The Provider aims for high availability but does not owe any specific availability rate unless a service level agreement has been expressly concluded.

(2) Maintenance windows are announced in advance where they can be planned.

(3) The Provider may further develop the service, in particular improve models and categories; assessment results may change as a result. Where changes materially restrict the agreed scope of services, the customer will be informed at least 30 days in advance and may terminate the contract with effect from the date the changes take effect.

§ 8 Warranty and detection accuracy

(1) The service uses statistical machine learning methods. The Provider gives no warranty as to the correctness, completeness or hit rate of individual assessments. False positives and false negatives are inherent to the system and do not constitute a defect.

(2) The customer is obliged to test the service on its own data before production use; the free plan and monitor mode are available for this purpose.

(3) Defects must be reported in a comprehensible form. The Provider will remedy reproducible defects within a reasonable period.

§ 9 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of any guarantee given.

(2) In cases of simple negligence, the Provider is liable only for breach of a material contractual obligation and limited to the foreseeable damage typical for this type of contract at the time of conclusion.

(3) Liability under paragraph 2 is limited per incident to the net fees paid by the customer in the twelve months preceding the event causing the damage, but no less than EUR 500.

(4) The Provider is not liable for damage arising from the customer basing content decisions solely on automated assessments without human review of borderline cases.

(5) Liability for loss of data is limited to the effort that would have been required for recovery had the customer maintained proper backups.

§ 10 Data protection and confidentiality

(1) The Provider processes personal data in accordance with the Privacy Policy.

(2) Where the Provider processes personal data on behalf of the customer, the Data Processing Agreement (AVV) pursuant to Art. 28 GDPR applies and forms part of the contract.

(3) Both parties shall treat the other party's confidential information as confidential and use it only for the performance of the contract.

§ 11 Amendments to these Terms

The Provider may amend these Terms with effect for the future where necessary to adapt to changes in law, case law or the scope of services. The customer will be informed by e-mail at least 30 days before the amendments take effect. If the customer does not object before that date, the amendments are deemed accepted; this right of objection is pointed out in the notification. In the event of an objection, the contract ends upon expiry of the paid period.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Hagen, Germany, provided the customer is a merchant, a legal person under public law or a public-law special fund.

(3) The customer may set off only against undisputed claims or claims established by final judgment.

(4) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

(5) Contact: kontakt@modwall.dev, phone +49 2334 4937304. Full provider details: Impressum.

Courtesy translation. The binding version is the German text (Deutsch), as the contract is governed by German law.