General Terms and Conditions (Terms of Service)
Provider: wirdrei.digital by Milenkovic, Nellweg 11i, 5018 Erlinsbach, Switzerland
Status: February 2026
1. Scope of Application and Provider
1.1 Contracting Parties These GTC govern the contractual relationship between wirdrei.digital by Milenkovic (hereinafter "Provider" or "we"), Nellweg 11i, 5018 Erlinsbach, Switzerland, and the users (hereinafter "User" or "Customer") of the web application Magus (accessible at magus.digital).
1.2 Precedence of these GTC Deviating terms and conditions of the User shall not be recognized unless the Provider expressly agrees to their validity in writing.
1.3 Target Audience and Minimum Age The offer is aimed at both consumers and entrepreneurs. By registering, the User confirms that they:
have full legal capacity or are acting with the consent of their legal representatives, and
are at least 16 years old.
In cases of justified doubt regarding age, the Provider reserves the right to temporarily suspend the account until clarification.
2. Subject Matter of the Contract and Services
2.1 Service Description Magus is an AI-based platform that provides users with access to various AI models (Large Language Models, image generators, etc.). The actual AI service is provided by third parties, e.g., OpenAI, Anthropic, Mistral, as well as various open-source models via interfaces (APIs), in particular via the aggregator OpenRouter.
2.2 Availability The Provider strives for high availability of the platform but does not guarantee uninterrupted accessibility. Downtimes may occur, in particular, due to maintenance work or disruptions at third-party API providers.
2.3 Model Availability The Provider has no influence on the availability of specific AI models from third parties. Models may be added, removed, or modified in their performance at any time without prior notice. There is no entitlement to the use of a specific model.
2.4 Auto-Routing If the User activates the "Auto-Routing" function, the platform automatically selects a suitable model based on the prompt.
2.5 Mandatory Labeling for AI Transparency (EU AI Act Art. 50) The User is explicitly informed that they are interacting with an AI system. AI outputs are machine-generated and do not represent human statements of intent. The Provider implements the transparency obligations pursuant to Art. 50 EU AI Act, among other things, through corresponding notices in the user interface.
3. Registration and User Account
3.1 Obligation to Register and Details The use of Magus requires registration. The User is obliged to provide truthful information, in particular a valid email address.
3.2 Access Security The User is responsible for maintaining the confidentiality of their access data (password or access to the email inbox for Magic-Link-Login). Any action taken via the User's account is attributed to the User, unless they prove that third parties have gained unauthorized access.
3.3 Inactive Accounts To avoid unnecessary data storage, the Provider reserves the right to delete free accounts that have been inactive for more than 24 months, including all stored data. The User will be informed by email at least 30 days in advance.
4. Use of AI Models, Rights, and Liability
4.1 AI Risk Warning The User expressly acknowledges that AI systems can make mistakes (so-called "hallucinations"). Generated content may be false, inaccurate, outdated, or biased. The following principles apply:
The use of AI content is at the User's own risk.
Magus does not replace professional advice—whether legal, medical, or financial.
For critical decisions, the User is obliged to validate AI-generated content through human review before using it.
4.2 Usage Rights to the Output As far as legally possible and subject to the conditions of the respective third-party providers (e.g., OpenAI, Anthropic), the Provider transfers to the User all simple, spatially and temporally unrestricted usage rights to the content generated by the AI, including commercial use.
Note: The User is solely responsible for checking whether AI-generated content is protected by copyright or infringes the rights of third parties.
4.3 Legality of Inputs The User ensures that they possess all necessary rights to the data entered by them (prompts, documents, files) and do not violate any third-party rights or applicable laws. They indemnify the Provider against all third-party claims based on unlawful use.
4.4 Models from Third Countries If the User actively selects models from providers in third countries without an EU adequacy decision (e.g., DeepSeek, Alibaba), this is done at the User's own data protection risk. By actively selecting them, the User consents to the data transfer to these third countries. The Provider assumes no liability for this.
5. Prices and Payment Terms
5.1 Pricing Models The usage is partially free (Free Tier) or subject to a fee (Starter, Pro). The applicable prices, credits, and token limits result from the price list on the website at the time of contract conclusion. All prices are in CHF unless otherwise stated.
5.2 Payment Processing Payments are processed via the service provider Stripe (Stripe Payments Europe Limited). Subscription fees are due in advance.
5.3 Credit System and Expiration The billing of AI usage is based on a credit system. Unused credits are non-transferable and expire at the end of the billing period (after 24h).
5.4 Default in Payment In the event of default in payment, the Provider is entitled to temporarily suspend access to the platform until the outstanding amount has been settled.
6. User Obligations and Prohibited Activities
6.1 Prohibited Use The User undertakes to use Magus exclusively for lawful purposes. Expressly prohibited are:
Generation of content that violates criminal laws.
Input of sensitive personal data of third parties (e.g., health data, biometric data) without their express consent or without a legal basis according to Art. 9 GDPR / Art. 5 FADP.
Attempts to bypass the platform's security measures, including reverse engineering, automated scraping, and "jailbreaking" of AI models.
Commercial resale of platform access without written permission from the Provider.
Access to the provided services must occur exclusively via the user interfaces provided by the Provider. The use of automated systems (such as bots, web scrapers, crawlers, or macros) as well as the reading or control by external API connections or third-party software is expressly prohibited unless the Provider has agreed to this in advance in writing. In the event of violations, the Provider reserves the right to block the User's access with immediate effect and, if necessary, assert claims for damages.
6.2 Fair Use In the case of excessive use that impairs system stability, the Provider reserves the right to temporarily throttle or block access.
7. Term, Termination, and Right of Withdrawal
7.1 Automatic Renewal Paid subscriptions automatically renew for the respective selected period (e.g., 1 month), unless they are canceled in a timely manner before expiration.
7.2 Ordinary Termination The User may cancel their subscription at any time to the end of the current billing period via the account settings. A prorated refund of already paid amounts is excluded.
7.3 Extraordinary Termination The right of both parties to terminate without notice for good cause remains unaffected. A good cause exists in particular in the event of a serious breach of Section 6.
7.4 Right of Withdrawal for EU Consumers EU consumers generally have a 14-day right of withdrawal for digital services. The User expressly agrees that the Provider begins fulfilling the contract (provision of platform access) immediately after conclusion of the contract. The User confirms knowing that they thereby lose their right of withdrawal once usage begins.
8. Liability
8.1 Principle (Swiss Law) The Provider is only liable for direct damages in cases of intent or gross negligence. Liability for slight negligence is as far, as legally permissible, excluded (Art. 100 CO).
8.2 Exclusion of Indirect Damages Liability for indirect damages, consequential damages, lost profits, and loss of data is excluded as far as legally permissible.
8.3 AI-Generated Content The Provider assumes no warranty for the accuracy, completeness, or suitability of the results generated by third-party AIs and is not liable for damages arising from their use (cf. Section 4.1).
8.4 Data Backup by the User The User is responsible for regularly backing up important data and results outside the platform. The Provider is not liable for the loss of chat histories or uploaded files.
9. Data Protection and Data Processing
9.1 Privacy Policy The processing of personal data is carried out in accordance with the separate Privacy Policy, which is available at magus.digital/en/privacy and is an integral part of the contractual relationship. It explains, in particular, the legal basis for processing, the affected data categories, and the rights of the users (information, deletion, objection).
9.2 Data Processing Agreement (DPA) If the User processes personal data of third parties via Magus (e.g., by uploading customer data), the Provider acts as a data processor pursuant to Art. 28 GDPR / Art. 9 FADP. A corresponding Data Processing Agreement (DPA) is available upon request and will be concluded separately if necessary.
9.3 Third-Party Data Processing The Provider uses the following third-party providers that process personal data in the context of operating Magus:
Service Provider |
Function |
Location |
Guarantees |
Fly.io |
Hosting |
USA (Server Frankfurt/EU) |
DPA + SCCs |
OpenRouter |
AI API Gateway |
USA |
DPA + SCCs |
Postmark |
Transactional Emails |
USA |
DPA + SCCs |
Stripe |
Payment Processing |
Ireland/EU |
DPA + SCCs |
jsDelivr |
CDN for static resources |
Poland/EU |
DPA |
Tigris |
File Storage |
USA |
AVV + SCCs |
Northflank |
Sandbox Enviroment |
UK (Server Zürich/CH) |
AVV |
10. Amendments to the GTC
The Provider is entitled to amend these GTC for valid reasons (e.g., changes in law, expansion of services). Amendments will be communicated to the User by email and at the next login.
In the event of material changes to the detriment of the User (in particular price increases or service restrictions), the User has a special right of termination. This can be exercised within 30 days of notification of the change. If the special right of termination is not exercised, the amended GTC shall be deemed accepted.
11. Dispute Resolution
11.1 EU Online Dispute Resolution The European Commission provides a platform for online dispute resolution.
The Provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is generally willing to resolve disputes amicably.
12. Final Provisions
12.1 Applicable Law Exclusive Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually residing in the EU, the mandatory provisions of consumer protection law of their country of residence apply additionally, provided they grant a higher standard of protection.
12.2 Jurisdiction The exclusive place of jurisdiction for all disputes arising from this contract is Erlinsbach / Canton of Aargau, provided the Customer is a merchant or has no general place of jurisdiction in Switzerland. For consumers, the statutory places of jurisdiction apply.
12.3 Severability Clause Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining contract shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.