Terms of Service

This is a courtesy English translation. The legally binding version is the German one. These Terms of Service govern the use of the BavarOS software-as-a-service platform provided by Bavaros UG (haftungsbeschränkt) (the „Provider“, „we“).

1. Scope

These Terms apply to all contracts for the use of the platform between the Provider and its customers. The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) and legal entities under public law. Deviating terms of the customer do not become part of the contract unless we expressly agree in writing.

2. Subject matter and services

The Provider makes an AI-assisted platform available for use over the internet. The specific scope of functions follows from the respective service description or selected plan. We may continuously develop, update and adjust individual functions, provided this is reasonable for the customer and does not materially restrict the agreed scope.

3. Conclusion of contract and registration

The contract is concluded by registering a customer account and its activation, or by a separate agreement. The customer must provide truthful and complete information and keep credentials confidential.

4. Customer obligations

The customer undertakes not to misuse the platform, in particular not to post unlawful content, not to infringe third-party rights, and not to take measures that impair the security or availability of the platform. The customer is responsible for the content posted by it and its users.

5. Rights of use

For the term of the contract, the Provider grants the customer a simple, non-transferable right to use the platform in accordance with the contract. All rights to the platform, its software and contained content remain with the Provider or its licensors.

6. AI-generated output

The platform generates content using AI models. Such output may be erroneous, incomplete or inappropriate. The customer must review AI-generated output on its own responsibility before use. No warranty is given for the accuracy, completeness or fitness for a particular purpose of the output.

7. Availability

The Provider strives for high availability. Excluded are times during which the platform is unavailable due to maintenance, technical faults or reasons outside the Provider’s control (e.g. force majeure, third-party outages). Maintenance is announced where possible.

8. Fees and payment

Fees depend on the selected plan or individual agreement. Unless stated otherwise, all prices are exclusive of statutory VAT. Payment is due in advance for the respective billing period.

9. Term and termination

Term and notice periods follow from the selected plan. The right to extraordinary termination for good cause remains unaffected for both parties. Terminations must be in text form.

10. Data protection and processing

Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR. Otherwise, our privacy policy applies.

11. Liability

The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence, the Provider is liable only for breach of a material contractual obligation and limited to the foreseeable damage typical for the contract. Liability under the Product Liability Act remains unaffected. The customer is responsible for regularly backing up its data.

12. Changes to these Terms

The Provider may amend these Terms with effect for the future where necessary to adapt to changed legal or technical conditions. The customer will be informed in good time in text form. If the customer does not object within the stated period, the amended Terms are deemed accepted; the customer will be separately notified of this.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is - to the extent legally permissible - the Provider’s registered office. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.