Terms and Conditions (T&C) for AIguidedDialog by Mathias Lichy

1. Scope

These Terms and Conditions (T&C) apply to the use of the SaaS software provided by AIguidedDialog by Mathias Lichy and the associated services, particularly those based on Artificial Intelligence (AI). By registering and using the software, you agree to these T&C.

2. Contractual Partner

The contract is concluded between you as the user and AIguidedDialog by Mathias Lichy, [Am Sommerfeld 7, 86571 Langenmosen, Germany]. Further information and contact options can be found on our website [Website URL].

3. Services and Usage Rights

3.1 Service Provision: AIguidedDialog by Mathias Lichy offers software solutions in the form of a Software as a Service (SaaS) application, which is made available over the internet. This application uses Artificial Intelligence to support dialogues and other automated processes.

3.2 Usage Rights: The user receives a simple, non-transferable right to use the software for the duration of the contract.

3.3 Service Features: The exact features of the SaaS software can be found in the respective product description on our website.

3.4 AI-generated Content Ownership: The summaries and outputs generated by the AI based on user inputs are owned by the user. AIguidedDialog by Mathias Lichy does not claim any ownership rights over the content generated for the user.

4. Acceptable Use Policy

4.1 Prohibited Activities: Users are prohibited from using the software for any unlawful activities, harassment, spamming, or any actions that infringe upon the intellectual property rights of others.

4.2 User Responsibilities: Users are responsible for ensuring that their use of the software complies with all applicable laws and regulations. Users must not upload or input content that is illegal, harmful, or violates any third-party rights.

5. Contract Conclusion and Duration

5.1 Formation of Contract: The contract is concluded by registering on the platform and accepting these T&C.

5.2 Contract Duration: The contract is concluded for an indefinite period and can be terminated by either party at any time with a notice period of 30 days.

5.3 Special Right of Termination: A special right of termination exists if the user can no longer use the software to a significant extent or if the performance by AIguidedDialog by Mathias Lichy significantly deviates from the agreed performance.

5.4 Effects of Termination: Upon termination of the contract, all user data, including interviews and dialogue summaries, will be automatically deleted. Access rights to the software will be revoked.

6. Prices and Payment Terms

6.1 Pricing: The use of the SaaS software is subject to the prices indicated on the website.

6.2 Taxes: All prices are exclusive of statutory value-added tax unless otherwise stated.

6.3 Billing: Billing is carried out monthly or annually in advance via direct debit or credit card.

7. Service Changes

7.1 Modification of Services: AIguidedDialog by Mathias Lichy reserves the right to modify, suspend, or discontinue the software or any part of it at any time.

7.2 Notification of Changes: Users will be informed of significant changes to the service via email at least 30 days before the changes take effect.

8. Availability and Warranty

8.1 Service Availability: AIguidedDialog by Mathias Lichy endeavors to ensure an availability of the software of 99% on an annual average. Excluded from this are maintenance times and unforeseeable disruptions that are beyond our control.

8.2 “As-Is” Basis: The software is provided on an “as-is” and “as available” basis without warranties of any kind.

8.3 No Warranty on Results: AIguidedDialog by Mathias Lichy does not guarantee that the software will meet the user’s requirements or that the results will be accurate, complete, or reliable.

8.4 Quality of AI Outputs: The quality and availability of the AI-generated dialogues may vary, especially depending on the inputs and the data used. The user acknowledges that the AI-generated results may not always meet the desired or intended requirements.

8.5 Obligation to Notify Defects: The user is obliged to report any defects of the software immediately so that AIguidedDialog by Mathias Lichy can remedy them.

9. Liability

9.1 Limitation of Liability: AIguidedDialog by Mathias Lichy is liable for damages only in cases of intent and gross negligence. For slight negligence, liability is limited to the violation of essential contractual obligations (cardinal obligations).

9.2 User Responsibility: AIguidedDialog by Mathias Lichy assumes no responsibility for decisions the user makes based on the content provided by the AI. The AI dialogues are intended for informational purposes only, and the user should conduct their own checks before making business or financial decisions.

9.3 Exclusion of Indirect Damages: AIguidedDialog by Mathias Lichy is not liable for indirect damages, consequential damages, lost profits, or damages arising from the use or inability to use the software.

9.4 Liability Cap: The liability of AIguidedDialog by Mathias Lichy is limited to the amount of the usage fees paid in the last twelve months. Any further liability is excluded.

9.5 Data Loss: Liability for data loss is excluded unless the damage is due to gross negligence or intent. The user is responsible for backing up their data.

9.6 No Guarantee of Results: AIguidedDialog by Mathias Lichy gives no guarantee that certain business, financial, or operational results will be achieved through the use of the software.

10. Data Protection and Privacy

10.1 Compliance with Laws: AIguidedDialog by Mathias Lichy is committed to treating the user’s data confidentially and processing it only within the framework of legal provisions in Germany.

10.2 Processing of User Inputs: In the context of using the AI-based dialogues, user inputs are processed to improve the AI’s results. The processing of this data is carried out in compliance with applicable data protection laws.

10.3 Data Deletion: Upon termination of the contract, all user data, including interviews and dialogues, will be automatically deleted from our systems.

11. Dispute Resolution and Governing Law

11.1 Applicable Law: The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2 Arbitration Clause: Any disputes arising from or in connection with these T&C shall be finally settled under the Rules of Arbitration of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law.

12. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties regarding the use of the software and supersede all prior agreements, understandings, and negotiations, whether written or oral.

13. Severability Clause

Should individual provisions of these T&C be invalid or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the original provision.

14. Notices

14.1 Communication Methods: All notices and communications will be sent to users via the email address provided during registration.

14.2 Updates to Contact Information: Users are responsible for ensuring that their contact information is up to date.

15. Force Majeure

AIguidedDialog by Mathias Lichy is not liable for any failure to perform its obligations under these T&C if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, or other acts of God.

16. Age Restrictions

Users must be at least 16 years old to register and use the software. By registering, you confirm that you meet this age requirement.

17. Compliance with Laws

Users agree to comply with all applicable local, state, national, and international laws and regulations in connection with their use of the software.

18. Third-Party Services and Content

18.1 Integrations: The software may integrate with third-party services or APIs. AIguidedDialog by Mathias Lichy is not responsible for the content or services provided by third parties.

18.2 Disclaimers: AIguidedDialog by Mathias Lichy disclaims all liability arising from third-party content or services.

19. Modification of Terms

AIguidedDialog by Mathias Lichy reserves the right to change these T&C at any time. Users will be informed of significant changes via email at least 30 days before they take effect. If the user does not object to the amended T&C within 14 days after receiving the change notification, the amended conditions are considered accepted.

20. Language

These Terms and Conditions are provided in English. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.