Terms of use for aktegra.com
§ 1 Subject matter of the contract
(1) The provider gives the user access to the Aktegra software. Aktegra is a cloud-based SaaS solution supporting the classification and documentation of AI systems. On the basis of the information the user enters in the questionnaire, Aktegra generates classification and documentation reports on a rule-based basis. The reports are produced from predefined criteria and text modules and do not constitute legal advice or a legal assessment relating to the individual case.
(2) The precise scope of functions follows from the current service description on the website at https://www.aktegra.com/de.
§ 2 Scope
(1) The following terms and conditions apply to contracts which you, as the user, conclude with us, Said El Ouaaziky Hassan, Wuhlestraße 7a, 12683 Berlin, as the provider.
(2) Contracts are concluded exclusively with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), with legal persons under public law or with special funds under public law. Consumers within the meaning of § 13 BGB are excluded from using the services.
(3) Deviating, conflicting or supplementary terms and conditions of the user become part of the contract only if the provider has expressly consented to their application in text form.
§ 3 Conclusion of contract and registration
(1) The presentation of the services on the provider's website does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By registering on the platform, the user submits a binding offer to conclude a contract of use. By registering, the user confirms that they are acting as an entrepreneur within the meaning of § 14 BGB. Acceptance takes place through an express confirmation email from the provider or through activation of the user account.
(3) There is no entitlement to registration. The provider reserves the right to refuse registration requests without stating reasons.
§ 4 Payment terms / prices
(1) The package prices listed at https://www.aktegra.com/de at the time the contract is concluded apply, for the scope of functions described there and on the conditions offered there.
(2) All prices are total prices. No value added tax is shown, because the small business regulation applies.
(3) Payment is made using the payment methods offered when the contract is concluded.
(4) The agreed fee is payable in advance.
(5) If the amount cannot then be collected, the provider is entitled to block the account. The account is unblocked only once the provider has been able to record receipt of payment.
(6) The provider reserves the right to change its price list after the user has again been informed separately by email. Changes are communicated to the user by email at least one month before they take effect. If the user does not object within two weeks of receiving the notification, the changes are deemed approved. In the event of an objection, the provider reserves the right of ordinary termination.
§ 5 Term, trial phase and termination
(1) Aktegra is offered as a subscription terminable on a monthly basis. The tariffs, services and prices available in each case follow from the pricing page applicable at the time of the order at https://www.aktegra.com/de.
(2) Before concluding a paid subscription, the user may use Aktegra for seven days as part of a free trial phase. Participation in the trial phase requires a means of payment to be stored. During the trial phase the provider has no claim to payment. The user may terminate the trial phase at any time, in particular through their account settings, before the end of the seventh day.
(3) If the user does not terminate the trial phase at the latest before the beginning of the eighth day, the paid monthly subscription chosen at the time of the order begins automatically. The fee owed for the first billing period is then charged to the stored means of payment.
(4) During the trial phase, the classification and documentation reports created within Aktegra can be viewed in the customer area. During the trial phase the reports are marked with a clearly visible watermark as a specimen. Downloading unmarked reports requires an active paid subscription.
(5) The paid subscription may be terminated by the user at any time through the account settings. The termination takes effect at the end of the current billing period already paid for. Until that point, access to the services included in the respective tariff remains in place.
(6) The provider may offer a permanently free tariff. The scope and range of functions of the free tariff follow from the current service description on the website. The provider is entitled to change, restrict or discontinue the range of functions of free services at any time, insofar as this is reasonable taking the legitimate interests of the user into account. There is no entitlement to any particular availability, updating or permanent provision of free services.
(7) The provider is entitled to further develop, change, supplement or discontinue content, functions and technical arrangements of Aktegra, insofar as this does not impair the essential contractually agreed functions of the tariff booked in each case. This applies in particular to functions that are still in a testing or further development phase.
(8) The right of each contracting party to terminate the contract without notice for good cause remains unaffected. The provider is entitled to terminate without notice in particular if the user fails to make a due payment despite a reminder or breaches the following contractual provisions on the use of the SaaS services. Termination without notice always requires that the other party has been warned in text form and asked to remedy the alleged ground for termination without notice within a reasonable time.
(9) After the contract ends, the provider allows the user 30 calendar days to download the classification and documentation reports stored in the user account. During this period no new reports can be created and no existing content can be edited. After the export period expires, access is blocked; deletion of the data follows the statutory requirements, the privacy policy and — where applicable — the data processing agreement.
§ 6 Scope of the rights of use granted
(1) The provider grants the user the non-exclusive and non-transferable right to use the services and content designated in these terms of use for the duration of the contract in accordance with the provisions of this contract.
(2) The user is not entitled to reproduce the software provided for use and/or to make it available to third parties for use, whether for payment or free of charge.
§ 7 Support
(1) The provider endeavours at all times to achieve the highest possible availability. Excluded from availability are periods in which the server cannot be reached because of technical or other problems outside the provider's sphere of influence (in particular force majeure, fault of third parties). Also excluded is planned maintenance work (for example updates) which either falls outside the usual business hours of Monday to Friday (taking into account all public holidays in the German federal state of Berlin) between 9:00 and 18:00, or which the provider announced in advance.
(2) Independently of this, the provider monitors the basic functions of the SaaS services daily. Maintenance is generally ensured Monday to Friday, from 09:00 to 18:00. In the case of serious faults, that is, where use of the SaaS services is no longer possible or is seriously restricted, maintenance takes place within 24 hours of the provider becoming aware or being informed.
§ 8 General conditions of use and obligations of the user
(1) The user is obliged to prevent unauthorised access by third parties to the protected areas of the services provided by taking suitable precautions. For this purpose the user will, where necessary, instruct their employees to comply.
(2) The user is advised that they are not permitted to upload content that is unlawful or that infringes the law, official requirements or the rights of third parties.
(3) The user is furthermore not permitted to use the platform by means of automated facilities and/or to circumvent technical protection mechanisms. The user may not pass on access data, sign-in links or other means of authentication to third parties. They must inform the provider without undue delay if they suspect loss, misuse or other unauthorised access to their user account.
(4) The independent commercial marketing of the platform as a service (for example resale of access or acting as a "reseller") without a corresponding agreement with the provider is prohibited.
(5) The user is prohibited from copying, reproducing, modifying, reverse engineering, decompiling or disassembling the software provided or parts of it, or otherwise reconstructing the source code of the software in whole or in part — unless this is mandatorily permitted by law (§ 69e of the German Copyright Act, UrhG). The user is likewise prohibited from analysing the functionalities or the system architecture of the software in order to rebuild, imitate or use, market or make available to third parties in a comparable way, in whole or in part. To this end the user undertakes to refrain from all technical and organisational measures aimed at circumventing the protection mechanisms or licence controls of the software.
§ 9 Consequences of breaches of the user's obligations
(1) The provider is entitled to block access to the platform immediately if there is reasonable suspicion that the user is in breach of the obligations set out in these terms of use.
(2) Reasonable suspicion of unlawfulness and/or an infringement of rights exists in particular where courts, authorities and/or other third parties notify the provider of it, or where the provider otherwise becomes aware of a possible breach. The provider must inform the user of the block and the reason for it without undue delay. The block must be lifted as soon as the suspicion has been dispelled.
§ 10 Indemnification
(1) The user indemnifies the provider against all third-party claims asserted against the provider on account of unlawful use of Aktegra for which the user is responsible, on account of unlawful content, or on account of a breach by the user of their obligations under these terms of use. The indemnity also covers reasonable costs of legal defence.
(2) The user undertakes to support the provider in the legal defence and to make all necessary information available.
§ 11 Liability for defects / liability
(1) The provider warrants that the platform is functional and operational in accordance with the provisions of this contract.
(2) In the event that services of the provider are used by unauthorised third parties using the user's access data, the user is liable for the resulting fees within the framework of civil liability until the provider receives the user's instruction to change the access data or notification of the loss or theft, provided that the user is at fault for the access by the unauthorised third party.
(3) Claims for damages against the provider are excluded irrespective of their legal basis, unless the provider, its legal representatives or vicarious agents acted intentionally or with gross negligence.
(4) For slight negligence the provider is liable only if one of the obligations essential to the contract was breached by the provider, its legal representatives, senior employees or vicarious agents. In that case the provider is liable only for foreseeable damage of the kind that typically has to be expected. Obligations essential to the contract are those obligations which form the basis of the contract, which were decisive for concluding it and on the fulfilment of which the user may rely.
(5) The provider is liable without limitation for damage caused intentionally or negligently resulting from injury to life, body or health by the provider, its legal representatives or vicarious agents.
(6) Strict liability for damages for defects that were already present at the time the contract was concluded is excluded.
(7) The provider is not liable for the loss of data to the extent that the damage is due to the user's failure to back up the data on the platform properly.
(8) The classification and documentation reports created by Aktegra are produced on the basis of the information entered by the user and of a rule-based evaluation procedure. They do not constitute legal advice, an assessment of the individual case, or a binding evaluation of the legal admissibility of an AI system. The user is obliged to review the reports on their own responsibility, taking into account their specific factual and legal circumstances, and to obtain expert advice where necessary.
(9) The provider gives no warranty for the correctness, completeness or currency of the information entered by the user or of the classification and documentation reports produced on that basis. In particular, the provider accepts no responsibility for a report reflecting or satisfying all legal, regulatory, organisational or technical requirements relevant to the user. Responsibility for the use of the reports, for implementing the guidance they contain and for complying with statutory obligations remains with the user.
(10) For services provided free of charge, the provider is liable — subject to mandatory statutory provisions — only for intent and gross negligence. Liability for damage resulting from injury to life, body or health, and liability under the German Product Liability Act, remain unaffected.
§ 12 Amendments to these terms
The provider reserves the right to amend these terms and conditions at any time with effect for the future. The amendments are communicated to the user by email at least one month before they take effect. If the user does not object within two weeks of receiving the notification, the amendments are deemed approved.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies to this contract.
(2) The place of performance for obligations under this contract is the provider's registered office.
(3) Where the user is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the provider's registered office.
(4) The provider is entitled to transfer this contract with all rights and obligations to a legal successor or to an affiliated company. The provider will inform the user of the transfer in text form in good time. The user is entitled to terminate the contract as at the time the transfer takes effect. The user may transfer rights and obligations under this contract only with the provider's prior consent in text form.
§ 14 Miscellaneous
(1) No verbal side agreements have been made. Amendments, additions and supplements to this contract are valid only if agreed between the contracting parties in text form. This does not apply to individual contractual agreements within the meaning of § 305b BGB made with an authorised representative of the provider. Otherwise the formal requirement cannot be set aside by verbal agreement, by conduct implying it, or tacitly.
(2) Should individual provisions of this agreement be or become void or ineffective in whole or in part, the effectiveness of the remaining provisions is not affected. Statutory law takes the place of provisions not incorporated or ineffective. Where such statutory law is not available in the particular case (a gap in the rules) or would lead to an untenable result, the parties will enter into negotiations to agree, in place of the provision not incorporated or ineffective, an effective rule that comes as close as possible to it economically.
Convenience translation. Only the German version is legally binding. Read the German version