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Terms of Service (ToS) – CARE (English Version)

This English text is for convenience. The German Allgemeine Geschäftsbedingungen (AGB) are legally authoritative for contracts governed by them.

Provider:
Intelygence GmbH
Messdorfer Str. 12
53121 Bonn
Germany

Managing Director: To Giang Küsters
Commercial Register: Amtsgericht Bonn, HRB 24061

1. Scope

(1) These Terms of Service govern all agreements between Intelygence GmbH (“Provider”) and its customers (“Customer”) regarding the use of the CARE platform.

(2) The service is offered exclusively to businesses (entrepreneurs). Consumers are excluded.

(3) The Provider reserves the right to verify the Customer’s business status.

2. Subject Matter

(1) The Provider offers CARE as a Software-as-a-Service (SaaS) platform.

(2) CARE is an information-processing system designed to structure, analyze, and document data, particularly regarding software-based systems (“agents”).

(3) CARE processes only data provided by the Customer. The behavior, operation, and impact of such systems are outside the Provider’s control.

(4) CARE does not provide legal, compliance, security, or business advisory services.

(5) The Provider does not guarantee any specific outcome or result.

3. Services

(1) The scope of services depends on the selected subscription plan.

(2) The Provider may modify or improve features as long as the core functionality is not materially impaired.

(3) Continuous or uninterrupted availability is not guaranteed.

4. Account Registration

(1) Use of CARE requires registration.

(2) By registering, the Customer confirms that they act as a business.

(3) The Customer is responsible for safeguarding login credentials.

(4) The Provider may suspend or terminate accounts if there is doubt about eligibility or misuse.

5. Use of the Platform

(1) The Customer uses CARE at their own responsibility.

(2) The Customer ensures that:

  • all data provided is lawful,
  • no third-party rights are violated,
  • they are authorized to use the data.

(3) Misuse of the platform is prohibited.

6. No Reliance on Decisions

(1) CARE provides analytical support only.

(2) Outputs do not constitute binding recommendations.

(3) All decisions based on CARE remain the sole responsibility of the Customer.

(4) The Provider is not liable for decisions made using the platform.

7. Liability

(1) The Provider is fully liable for intent, gross negligence, and personal injury.

(2) In cases of slight negligence, liability is limited to essential contractual obligations and foreseeable damages.

(3) Liability for indirect damages, including loss of profit or business interruption, is excluded where legally permissible.

8. Fees

(1) Paid services are billed according to the selected plan.

(2) Prices are exclusive of applicable taxes.

(3) Payments are due in advance unless agreed otherwise.

9. Refund Policy

Refunds

(1) Paid services are billed in advance for the agreed billing period.

(2) Refunds for payments already made are generally excluded.

(3) This does not apply in cases of:

  • billing errors caused by the Provider, or
  • mandatory legal requirements.

(4) In case of billing issues, the Customer may contact support. The Provider will review the matter and, if applicable, issue a correction.

(5) Termination takes effect for future billing periods only and does not entitle the Customer to a refund.

10. Term and Termination

(1) Contract duration depends on the selected plan.

(2) The Customer may terminate at the end of the subscription period.

(3) The right to terminate for cause remains unaffected.

11. Data Processing

(1) Personal data is processed in accordance with the Privacy Policy.

(2) The Customer remains responsible for submitted data.

12. Amendments

(1) The Provider may update these Terms.

(2) Changes will be communicated.

(3) Continued use constitutes acceptance.

13. Final Provisions

(1) German law applies.

(2) Place of jurisdiction is Bonn, where legally permissible.

(3) If any provision is invalid, the remainder remains unaffected.