terms.subtitle
punku.ai | Last Updated: March 19, 2026
These Terms of Service constitute a legally binding agreement. Please read them carefully before using the Service.
This website and software platform is operated by PUNKU GmbH. Throughout these Terms, “we”, “us” and “our” refer to PUNKU GmbH. PUNKU GmbH offers this website and software-as-a-service platform (the “Service”), including all information, tools, features and services available from this site and platform to you (“Customer” or “you”), conditioned on your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree, you may not access or use the Service.
B2B Service Only: The Service is directed exclusively at entrepreneurs and businesses (Unternehmer) within the meaning of § 14 BGB. The Service is not intended for consumers (Verbraucher) within the meaning of § 13 BGB. By using the Service, you confirm that you are acting in your commercial or professional capacity.
By agreeing to these Terms, you represent that you are acting in a business or professional capacity and have the authority to bind the entity on whose behalf you are using the Service.
You may not use the Service for any illegal or unauthorized purpose, or in violation of any applicable laws including data protection regulations and the EU AI Act where applicable.
You must not transmit worms, viruses, or any code of a destructive nature.
A breach of these Terms may result in immediate suspension or termination of your access to the Service.
We reserve the right to refuse service for legitimate business reasons, including but not limited to violation of these Terms, suspected fraudulent activity, or legal or regulatory requirements.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
You may not reverse engineer, decompile, or disassemble any part of the Service, use the Service to build a competitive product or service, or copy any features, functions or graphics of the Service.
To access the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and for all activities under your account.
You must notify us immediately of any unauthorized use of your account at hello@punku.ai. We reserve the right to suspend or terminate accounts that violate these Terms.
The Service is offered on subscription plans (currently Innovator, Pro, Growth, and Scale). The features, usage limits, and pricing for each plan are published at punku.ai/pricing and are incorporated into these Terms by reference. We may introduce new plans or retire existing plans with reasonable advance notice to existing subscribers.
All prices are exclusive of applicable VAT. Enterprise pricing is available on request. We will not materially decrease the core functionality of a plan during an active subscription term without providing at least 4 weeks’ advance notice.
Monthly subscriptions: Billed on the same date each month. You may cancel at any time; access continues until the end of the paid billing period.
Annual subscriptions: Billed in advance for a 12-month commitment period. Annual billing is a binding 12-month commitment, not a month-to-month arrangement. By selecting an annual plan at checkout, you acknowledge and agree to pay the full annual fee for the entire 12-month commitment period. This commitment and total annual amount are displayed at the checkout screen before you confirm your purchase.
Payment is processed via Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You agree to Stripe’s terms of service at stripe.com/terms for payment processing.
If you are not satisfied with the Service, you may cancel within 14 calendar days of your initial subscription start date (the “Satisfaction Period”) for a full refund of your first payment. To request a refund, contact us at hello@punku.ai within the Satisfaction Period. This guarantee applies to your first subscription purchase only and does not apply to renewals or plan upgrades.
Monthly plans: Renew automatically each month. You may cancel at any time through your account settings.
Annual plans: Automatically renew for a further 12-month period at the then-current fee (including any annual price adjustment per Section 4.6). To prevent renewal, you must send written non-renewal notice to hello@punku.ai at least 60 calendar days before the end of your current annual term. If you do not send timely notice, your annual plan will renew and the annual fee for the new term will be charged.
Important: If you are on an annual plan and do not cancel at least 60 days before your renewal date, your subscription will automatically renew for another 12 months and you will be charged accordingly.
If a payment fails or is delayed more than 30 days after a written reminder, we reserve the right to (a) suspend your access to the Service until payment is received, and (b) charge statutory default interest for B2B transactions under German law (currently 9 percentage points above the base rate).
Subscription fees are subject to an automatic annual price adjustment effective at the start of each renewal period. The adjustment will be the greater of (a) 5% or (b) the annual rate of change in the German Consumer Price Index (Verbraucherpreisindex) as published by the Federal Statistical Office (Statistisches Bundesamt) for the preceding calendar year.
We will notify you of the adjusted fee at least 60 days before your renewal date. If the price increase for a given renewal period exceeds 15%, you may terminate your subscription with 30 days’ written notice before the renewal date and receive a pro-rata refund of any prepaid fees.
Monthly plans: Cancel at any time via your account settings or by emailing hello@punku.ai. Access continues until the end of the current billing period. No refunds are issued for partial months.
Annual plans: To cancel an annual plan, send written notice to hello@punku.ai at least 60 calendar days before the end of your current annual term. Cancellation takes effect at the end of the current annual term. Annual fees are non-refundable after the 14-day Satisfaction Period, except where required by applicable law or as set out in these Terms.
Data export: After cancellation, your data remains available for export for 30 calendar days. After that period, your data will be deleted in accordance with our Privacy Policy and the Data Processing Agreement.
We may suspend or terminate your access to the Service immediately if you: (a) materially breach these Terms and fail to remedy the breach within 5 business days of written notice; (b) use the Service for illegal purposes or in violation of Section 14; (c) fail to pay fees after a payment reminder; or (d) become insolvent or subject to insolvency proceedings.
In the event of termination by us for breach, no refund will be issued. In the event of termination by us for convenience (i.e. not due to your breach), we will refund a pro-rata share of any prepaid annual fees for the unused period.
Upon termination, your right to access the Service ceases immediately (or at the end of the billing period for non-breach cancellations). Sections 8, 10, 11, 14, 15, 16, 17, 18, 19, 21, 22, and 24 survive termination.
We are not responsible if information on this site is inaccurate or incomplete. Material on this site is for general information only. We reserve the right to modify site content at any time without prior notice.
We reserve the right to modify or discontinue any part of the Service with reasonable notice. For significant changes to core functionality, we will give at least 4 weeks’ advance notice to active subscribers.
Changes to these Terms of Service are governed by Section 22.
The Service and its original content, features, and functionality are the exclusive property of PUNKU GmbH and its licensors, protected by copyright, trademark, and other applicable laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service strictly in accordance with these Terms and your active subscription plan.
AI agent configurations created by you through the Service remain your property. We claim no ownership over the outputs of your AI agents.
If you submit feedback, suggestions, ideas, or enhancement requests to us, you grant PUNKU GmbH a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, and incorporate such feedback into the Service for any purpose, without restriction or compensation obligation to you. You retain copyright in your feedback; this licence does not transfer ownership.
We may use de-identified and aggregated usage data (excluding personally identifiable information) to improve the Service and train machine learning models.
The Service integrates with third-party services including AI model providers (OpenAI, Anthropic, Google), cloud infrastructure (AWS), and payment processing (Stripe). We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services integrated with PUNKU.AI is subject to those services’ own terms.
You retain all rights in data, content, and materials you submit or create through the Service (“User Content”). By submitting User Content, you grant us a worldwide, limited-term, non-exclusive licence to host, copy, transmit, and display User Content solely to provide and improve the Service.
You warrant that you have all necessary rights to User Content and that it does not violate any third-party rights or applicable laws.
You are solely responsible for your User Content. We do not endorse any User Content.
Your use of the Service is governed by our Privacy Policy at punku.ai/privacy. We process personal data in accordance with the GDPR and applicable data protection laws.
Where you use the Service to process personal data of your customers or end users, the processing is governed by a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. By accepting these Terms, you also enter into our standard DPA, available at punku.ai/privacy. The DPA governs our role as data processor and your role as data controller for such data.
We store all Customer data exclusively on servers within the European Union (AWS Frankfurt, eu-central-1). Data is encrypted in transit (TLS 1.2+) and at rest (AES-256).
Any feedback, suggestions, ideas, or other submissions you provide to us may be used by us without restriction, compensation, or attribution, subject to the licence grant in Section 8 above. We are under no obligation to keep submissions confidential.
We reserve the right to correct any errors, inaccuracies, or omissions in the Service or on the website at any time without prior notice, including with respect to pricing and service descriptions.
You are prohibited from using the Service:
We reserve the right to suspend or terminate your access immediately for violation of these prohibited uses. Curable violations will be given a 5-business-day cure period.
The Service uses artificial intelligence and machine learning technologies, including large language models (LLMs) provided by third parties (OpenAI, Anthropic, Google). You acknowledge and agree that:
We are not liable for any damages arising from your reliance on AI-generated outputs without independent verification.
We target 99.0% monthly availability of the Service, excluding scheduled maintenance and Force Majeure Events (Section 23). Scheduled maintenance will be announced at least 2 weeks in advance and will, where possible, be performed on Tuesdays or Thursdays between 02:00 and 06:00 CET.
If monthly availability falls below 99.0%, you are entitled to a service credit equal to 5% of your monthly fee per full percentage point below the target, up to a maximum of 25% of that month’s fee. Service credits are your sole and exclusive remedy for availability failures and must be requested within 30 days of the affected month by emailing hello@punku.ai.
Support is provided as follows by subscription tier:
The following are not included in any plan unless separately agreed in writing: individual programming or custom development, business process consulting, legacy system integration, guarantees of specific KPIs or business results, 24/7 support, telephone support, on-site training, and data recovery from improper use.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We do not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected within any particular timeframe. We do not warrant that results obtained from the Service will be accurate or reliable.
Unlimited liability: Nothing in these Terms limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded under applicable German law.
Limited liability: For slight negligence, our liability is limited to breach of Cardinal Duties (essential obligations whose fulfilment makes proper contract performance possible) and is capped at typical, foreseeable damages.
Annual cap: Our total aggregate liability to you in any contract year is capped at 100% of the fees you paid to us in that year.
We are not liable for: indirect, incidental, special, or consequential damages; loss of profits, revenue, or data; or business interruption, even if advised of the possibility of such damages, to the extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless PUNKU GmbH and its officers, directors, employees, and agents from any claim, demand, or damages (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your User Content; (c) your use of the Service in violation of any applicable law; or (d) your violation of any third-party rights.
We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes EU-enforceable intellectual property rights. This defence obligation excludes claims arising from: (i) your modifications to the Service; (ii) use in combination with non-PUNKU products; (iii) use outside the scope of these Terms or our Documentation; or (iv) your User Content.
Our total aggregate liability under any IP defence or indemnification obligation in this Section 19 is capped at 200% of the annual subscription fees paid or payable by you in the 12 months preceding the claim. This Section 19 states our entire obligation and your sole and exclusive remedy with respect to any intellectual property infringement claims relating to the Service.
If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions continue in full force.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
You may not assign or transfer your rights or obligations under these Terms, including your subscription, without our prior written consent, which we will not unreasonably withhold. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, with at least 30 days’ written notice to you. Any assignment in breach of this clause is void.
These Terms, together with our Privacy Policy, DPA, and any applicable Order Form, constitute the entire agreement between you and PUNKU GmbH regarding the Service and supersede all prior agreements and understandings.
Non-material changes are changes that do not adversely affect your rights or obligations, including but not limited to: clarifications of existing provisions, typographical corrections, updates to contact information or URLs, addition of new optional features or plans, and changes required by law that do not restrict your use of the Service.
For non-material changes, we will update the “Last Updated” date on this page and your continued use of the Service constitutes acceptance.
For material changes (including changes that affect your rights or obligations, increase your fees outside the mechanism in Section 4.6, or reduce core functionality), we will provide at least 60 days’ written notice by email to your registered address. You may object to the proposed changes within 30 days of receiving notice. If you object, the existing Terms continue to apply until the end of your current subscription term. If you do not object within 30 days, the updated Terms take effect at the start of your next billing period.
For material pricing changes, Section 4.6 applies.
Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government actions, cloud infrastructure failures, cyberattacks, or power outages (“Force Majeure Event”).
The affected party will notify the other promptly and use commercially reasonable efforts to mitigate the impact. Periods of unavailability caused by Force Majeure Events do not count against the availability target in Section 16.1.
If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the subscription with 30 days’ written notice, with a pro-rata refund of any prepaid fees for the unused period.
These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
In the event of any dispute arising from these Terms or the Service, the parties will first attempt to resolve the dispute through good-faith management-level negotiations within 30 days of written notice.
If the dispute is not resolved within 30 days, either party may submit it to mediation administered by a mutually agreed mediator (costs shared equally, 60-day timeline).
If mediation fails, disputes will be subject to the exclusive jurisdiction of the courts of Heilbronn, Germany. We retain the right to seek injunctive or other equitable relief in any competent court to prevent irreparable harm.
B2B users: As this Service is directed exclusively at businesses and entrepreneurs (§ 14 BGB), the statutory right of withdrawal for consumers (§§ 312g, 355 BGB) does not apply. If you are nonetheless accessing the Service as a consumer, please contact us at hello@punku.ai before subscribing.
Pursuant to Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, we are required to provide the following information: The European Commission provides an online dispute resolution (ODR) platform, which can be accessed at:
https://ec.europa.eu/consumers/odr
Our email address for ODR purposes is: hello@punku.ai
As the Service is directed exclusively at B2B customers (see Overview), we do not participate in, and are not obligated to participate in, consumer dispute resolution proceedings. This link is provided for information purposes only to satisfy the mandatory disclosure requirement under EU Regulation 524/2013.
Gemäß § 36 Abs. 1 Nr. 1 VSBG (Verbraucherstreitbeilegungsgesetz) teilen wir mit:
PUNKU GmbH ist nicht bereit und nicht verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen, da unsere Dienstleistungen ausschließlich an Unternehmer im Sinne von § 14 BGB gerichtet sind.
English translation: PUNKU GmbH is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board, as our services are directed exclusively at entrepreneurs within the meaning of § 14 BGB.
You shall comply with all applicable export control laws, sanctions, and trade regulations, including those of the European Union and Germany. You may not use or access the Service in any country, or on behalf of any person or entity, subject to applicable EU or German sanctions or embargoes.
Questions about these Terms should be sent to: hello@punku.ai
To report a security vulnerability: security@punku.ai - we will respond within 48 hours.
PUNKU GmbH
c/o Campus Founders, Bildungscampus 1
74076 Heilbronn, Germany
Email: hello@punku.ai
Website: www.punku.ai
© 2026 PUNKU GmbH. All rights reserved.