Terms and Conditions
AI-Assistenten

§ 1 Scope of application

(1) These terms and conditions apply to the purchase and use of the SaaS solution “NIS-2 Assistant” and other chatbot-based assistants provided in the members' area of this website, provided by massandra eBusiness engineering GmbH, hereinafter referred to as the provider.

(2) The terms and conditions of contract and use are hereinafter referred to as the terms of use, and the NIS-2 Assistant and other chat-bot based assistants are hereinafter referred to collectively as AI assistants.

(3) The AI assistants are offered exclusively to companies and business owners. Accordingly, the terms of use do not apply to consumers, but only to companies and business owners.

(4) By concluding a free or paid subscription to use an AI assistant, the user accepts the terms of use by confirming.

 

§ 2 Subject matter of the contract

(1) The subject matter of the contract is the temporary provision and use of the Provider's AI assistants in the current version at the time of the conclusion of the contract.

(2) The AI assistants are provided by the Provider as a SaaS solution. The User can use the AI assistants on the Provider's servers or stored and executable software from a third party commissioned by the Provider via an internet connection for the duration of the contract.

(3) The time-limited license to use the software can only be purchased by companies and business owners, who are hereinafter collectively referred to as users.

 

§ 3 Conclusion of contract, contract duration

(1) The contract comes into effect when the user places the order by successfully completing the payment process and registering on the provider's website www.massandra-eBusiness.com. The user can read the

• terms and conditions for AI assistants,

• privacy policy and the

• terms of use for chatbots

.

The order and the conclusion of the contract take place when the confirmation email about the conclusion of the contract is sent. In addition to a summary of the purchased license, this contains a link to the terms of use and the privacy policy.

(2) By concluding the contract, the user consents to the provider processing their data. The details of the stored and processed data can be found in the privacy policy.

(3) The contract runs for the subscription period of one month agreed at the time of ordering. The subscription is automatically extended by one month at the end of the term.

(4) The user can cancel at any time during the term for the following month. To do this, the user can automatically cancel their subscription at any time with a single click in their profile settings / subscriptions.

(5) The Provider may terminate the contract as of the end of the following month.

(6) In the event that the User violates the Terms of Use, the Provider reserves the right to block the User's access and, if necessary, to terminate the contract without notice in order to avert damages.

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§ 4 Payment

(1) The prices and payment terms valid at the time of the conclusion of the contract shall apply.

(2) The current license fee is paid automatically via the agreed payment method.

(3) If the user falls behind on payments, the provider can assert a right to refuse performance by temporarily blocking the user's access to the software. In this case, the user is still obliged to pay the fee despite blocked access. The provider can also terminate the contract without notice due to the default in payment.

 

§ 5 Availability of the software, force majeure

(1) The provider is obliged to make the software permanently available to the user at the router exit of the data center in which the server with the software is located (“transfer point”). The Provider's service includes the software in its current version, the computing power required for its use and the necessary storage space on a server that can be accessed via the internet, along with the dial-in logistics for the User. The Provider is not responsible for the data connection between the User's IT systems and the transfer point just defined.

(2) The provider is entitled to temporarily restrict or completely block the use of the software, in particular for maintenance, servicing and improvement, as well as for other reasons necessary for the provider's or the software's operation. In doing so, the provider will take into account the average concerns of the users as far as possible (e.g. when determining maintenance times). In the event of urgent faults, the provider is also entitled to rectify errors during normal business hours.

(3) The user shall report any software malfunctions or disruptions to the provider as quickly and accurately as possible.

(4) If the provider is unable to provide the service due to force majeure, the provider's obligation to provide the service shall be suspended for the duration of the impediment to performance.

 

§ 6 Support

(1) The provider shall provide support for the use of the AI assistants or in the event of technical problems.

(2) Support is provided Monday to Friday, 10:00 a.m. to 5:00 p.m. Support can be contacted by email.

(3) The provider shall endeavor to respond to inquiries within one working day.

 

§ 7 Updates

(1) The provider is constantly developing the software and its services. Improvements and updates to the standard software within the scope of the previous functionalities and in adaptation to changed legal and technical framework conditions are automatically made available to the user as part of the license.

(2) The user has no right to claim certain improvements (as long as the software is not or does not become defective) or a certain time sequence of measures.

(3) In particular, the user has no claim to further developments with additional functions; the provider can make the use of these dependent on a change to the contract, in particular an adjustment of the remuneration.

 

§ 8 Prohibited uses

(1) The user is prohibited from using the cloud software excessively and in a spamming manner. He must take all precautions to prevent unlawful, spamming or otherwise excessive use.

(2) The user is not permitted to sublet, sublicense or otherwise resell the software unless this has been expressly agreed.

(3) The user is permitted to share access within the company that has acquired the license with other persons from the same company. Use within the company is limited only by the monthly token quota.

 

§ 9 User obligations, cooperation

(1) The user is obliged to provide the data required for the contract completely and truthfully. The obligation to provide truthful information applies in particular to the company, address and name of the user. If the user provides false information, the provider may terminate the contract without notice for good cause.

(2) The user is obliged to keep his data up to date and to notify the provider of any changes without delay.

(3) The user receives the access data for the software from the provider. The purpose of the access data is to prevent the use of the hosted software by unauthorized persons.

(4) The user is obliged to protect the access data and to make it accessible only to authorized persons of the same company.

(5) If usage data becomes accessible to third parties through the user's responsibility, the user has no right to be reimbursed for tokens consumed by third parties.

(6) The user is obliged to notify the provider immediately if the user becomes aware that third parties have access to his access data or have otherwise gained access to his user profile.

 

§ 10 Warranty

(1) The provider creates his AI assistants with due care and subjects them to systematic tests for quality assurance. Nevertheless, the provider does not guarantee the correctness of the information presented.

(2) The provider shall provide a warranty for the software in accordance with the applicable statutory provisions, unless otherwise regulated below. The provider shall only provide a warranty within the scope of the properties of the software offered and described by him. The provider does not warrant that the software meets the interests or operational specifics of the user, unless there is a corresponding consulting or other fault on the part of the provider.

(3) The user is obliged to report any defects in a comprehensible and detailed manner. In doing so, the user must in particular state the work steps that led to the defect occurring, the manner in which it appears and the effects of the defect.

(4) Defects shall be remedied during the provider's business hours by means of free-of-charge software improvements. The provider shall be entitled to a reasonable period of time for this.

(5) The user is obliged to provide the provider with reasonable support in remedying the defects.

(6) If the AI assistants are not usable due to defects for which the provider is responsible, any claims for reimbursement are limited to the pro rata monthly fees for the month in question.

 

§ 11 Liability

(1) The provider is liable, regardless of the legal basis, for intentional or grossly negligent behavior as well as for culpable injury to life, limb and health, without limitation.

(2) Otherwise, the liability of the provider is excluded, regardless of the legal basis. This limitation of liability also applies to the benefit of the employees and employees of the provider as well as its vicarious agents and subcontractors. The above provisions do not imply a reversal of the burden of proof.

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§ 14 Place of jurisdiction, applicable law

(1) The place of performance is the registered office of the provider.

(2) For all current and future claims arising from the business relationship with a user, the exclusive place of jurisdiction is the registered office of the provider.

(3) The law of the Federal Republic of Germany applies exclusively to all legal relationships between the parties.