HRAIZN PTT – Terms of Use

between

solvatio AG, Schürerstraße 5a, 97080 Würzburg (hereinafter “provider”)

and the SaaS customer (User), who registers for the service on the website using an email address and selecting a subdomain.
The user will subsequently be identified based on the email address and the selected subdomain.

1. Subject Matter of the Agreement

1. The subject of the agreement is the free or paid and time-limited provision of the current version of the provider’s software named HRAIZN PTT to the user for use via the internet, and the provision of storage space on the provider’s servers.
2. The provider may use subcontractors to provide the storage space.
3. The user selects one of the two service packages labeled FREE or PRO during registration on the provider’s website using their email address.
4. The rights arising from the selected service package are described in Annex 1 to this agreement.

2. Software Provision

1. To provide the software to the user, the provider sets up the software on a server accessible to the user via the internet.
2. The functions and usage conditions of the software are specified in the current service description available on the provider’s website.
3. The provider is entitled to adapt the software at any time to technical developments or changes in the legal framework, or to improve it with regard to security or functionality. If this results in significant impairments to the legitimate interests of the user, the user is entitled to extraordinary termination of the contract without notice.
4. The provider will regularly maintain the software and correct any errors that prevent or significantly impair its contractual use.

3. User Usage Rights

1. The user’s right to use the software is non-exclusive, non-transferable, limited to the duration of the agreement, and restricted to use within the user’s own business operations.
2. Editing or copying the software by the user is not permitted, except for loading the software into the server’s working memory, which is necessary for its use.

4. Provision of Storage Space

1. The provider shall provide the user with storage space on a server for storing the user’s data.
2. The provider guarantees the accessibility of the data stored by the user via the internet.
3. The user is not permitted to transfer the provided storage space to third parties.
4. The user agrees not to store any content on their storage space that is unlawful or prohibited to provide, publish, or use.
5. The provider shall protect the user’s data against loss and unauthorized access by third parties using appropriate state-of-the-art measures, such as daily backups, virus scanning, and firewalls.
6. The user remains the sole owner of all data stored on their allocated storage space and may request the return of such data at any time. The provider shall have no right of retention or landlord’s lien on this data.
7. Upon termination of the contract, the provider shall return all data stored on the user’s storage space, at the user’s choice, either via a data carrier or by transfer over a data network.

5. Support by the Provider

1. The provider maintains an email hotline on their website for user questions regarding the use of the software.
2. User inquiries will be handled in the order in which they are received and answered by phone or email.

6. Troubleshooting

1. The provider monitors the main functions of the software and the user’s storage space daily.
2. The user can report malfunctions of the software or storage space during service hours from Monday to Friday, 9:00 a.m. to 6:00 p.m. (excluding public holidays in Germany), via the provider’s website.
3. Malfunctions that prevent the use of a main function are considered serious faults. The provider shall begin troubleshooting within 3 hours of receiving the report. If resolution takes longer than 6 hours, the user will be notified via email about the reasons and the expected resolution time.
4. Other significant faults affecting main or secondary functions, which considerably limit usability, will be addressed within 6 hours. If resolution exceeds 12 hours, the user will be informed via email.
5. The correction of non-essential faults is at the provider’s discretion.

7. Service Availability

1. Availability is defined as the user’s ability to use all main functions of the software and storage without significant disruption. Maintenance and promptly resolved malfunctions are considered uptime.
2. The guaranteed availability depends on the selected service package (as per section 1.3) and is detailed in Annex 1.
3. The transfer point for availability is the router output of the provider’s data center.

8. User Obligations

1. The user confirms that they are authorized to enter into this agreement on behalf of their organization.
2. The user must protect the access credentials provided against unauthorized third-party access and inform the provider immediately in case of misuse.
3. The user shall scan data for viruses or other harmful components before storing or using them and use appropriate antivirus software.
4. The user is responsible for performing regular and reasonable data backups.
5. If the user’s content is protected by copyright or data protection law, the user grants the provider the right to make the data available via the internet, reproduce it for transmission, and duplicate it for backups.
6. The user is solely responsible for the accuracy and completeness of the stored data.
7. The user grants the provider a revocable, text-form permission to use the user’s name, trademarks, and logos as business references in advertising, on the web, and in presentations.

9. User Consent to Purpose-Oriented Disclosure of Data

1. The software is designed to enable users to store data and link them to handle customer inquiries submitted and answered through the software.
2. According to this purpose, the stored data — whether confidential or not — may and should be disclosed to the user’s customers.
3. The user hereby consents to such disclosure of data through the software to their customers as part of handling inquiries.

4. The User may upload their own content and data (e.g., documents) within the software in order to make such data available for search and response functions (e.g., RAG-based approaches) within the chat interface.

5. The User is solely responsible for the content they upload and thereby make accessible to their own end users. The Provider merely provides the technical platform and does not exercise any content-related control over the uploaded data.

6. The User undertakes to only provide such data whose use and disclosure to their own end users is legally permissible

10. Remuneration

1. If the user selects the FREE package, no fees are due.
2. If the user selects the PRO package, the monthly fee stated in Annex 1 is due immediately upon contract conclusion and at the beginning of each contract month thereafter.
3. Payment is accepted only via credit card or SEPA direct debit and processed exclusively via the “Stripe” payment service.

11. Warranty

1. The user is entitled to rental contract warranty rights under §§ 535 ff. BGB, except as limited below.
2. Warranty is excluded for minor impairments. The provider is not liable for pre-existing defects under § 536a para. 1 BGB without fault.
3. The user is obliged to report defects immediately.

12. Liability

1. The provider is liable without limitation for intent or gross negligence and for damages resulting from injury to life, body, or health.
2. For breaches of essential contractual obligations, liability is limited to foreseeable damages typical for the contract.
3. If data is lost, the user’s contributory negligence is considered if they failed to perform necessary data backups.
4. Liability under the Product Liability Act remains unaffected.
5. All limitations of liability also apply to the provider’s employees, representatives, and organs.

13. Duration and Termination

1. The contract begins with the user’s registration.
2. The contract is concluded for an indefinite period.
3. Either party may terminate the contract at the end of the current month with ordinary notice.
4. The right to extraordinary termination for good cause remains unaffected.
5. Termination must be in text form to be valid.
6. Upon termination, the provider will support the user free of charge with data return or backup.
7. All user data remaining on the provider’s servers will be permanently deleted no earlier than 20 and no later than 30 days after contract termination.

14. Data Protection and Confidentiality

1. The user must comply with applicable data protection laws when using the software. The provider is not the controller under Article 4(7) GDPR.
2. If the provider accesses personal data, a data processing agreement shall be concluded before processing begins and attached to this contract.
3. The provider agrees to maintain confidentiality about all confidential information and business secrets learned during this contract, unless legally required to disclose.
4. The provider shall ensure all personnel and subcontractors involved are bound to confidentiality under the same terms.
5. By agreeing to the erms of Service, the User also enters into the Data Processing Agreement as an integral part of the contractual relationship.

15. Final Provisions

1. No verbal side agreements exist. Amendments require text form.
2. If any provision is or becomes invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a valid one with the closest economic intent.
3. Annexes referenced in this contract are part of the agreement.
4. German law applies, excluding the UN Sales Convention.
5. The exclusive place of jurisdiction is the provider’s registered office.