General Terms and Conditions

These General Terms and Conditions ("Terms") apply to all agreements between André Bäcker, Klymeo (sole proprietorship), Hopstener Straße 25, 49479 Ibbenbüren, Germany ("Provider") and its customers regarding the provision and use of the Klymeo platform. Customers within the meaning of these Terms are exclusively businesses within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.

The subject matter of the agreement is the provision of the platform as Software-as-a-Service over the internet, together with the related services described in the respective order. Any deviating or conflicting terms and conditions of the customer are objected to; they only become part of the agreement if the Provider expressly agrees to them in text form.

The presentation of services on the website does not constitute a binding offer, but an invitation to submit an offer. The agreement is formed either by the Provider's acceptance of the order or activation of access, or by the customer's acceptance of an offer made by the Provider. Registration and use require the creation of a user account; the information provided in doing so must be complete and accurate.

The Provider makes available to the customer the platform for planning, conducting, and analyzing AI-supported qualitative interviews — including text- and voice-based interview delivery (voice agent), the presentation of stimuli, and the analysis and export of results. The specific scope of services results from the respective service description or order. The Provider owes the provision of the platform (a service), not a particular research or exploitation outcome.

The Provider is entitled to further develop and adapt the services, provided this is reasonable for the customer and the contractually owed scope of services is not materially reduced.

The customer undertakes, in particular, to:

• use the platform only within the scope of applicable law and these Terms, and not to post any unlawful content;
• independently ensure the data protection bases required for conducting the interviews (in particular consents and information provided to participating individuals), as the customer is the controller within the meaning of the GDPR in this respect;
• keep their access credentials secret, protect them from access by third parties, and report any misuse without delay;
• hold the necessary rights to the content they post (e.g. stimuli).

Remuneration is based on the agreed model — a time-limited pilot model or an ongoing license model — and results from the respective order or offer. All prices are exclusive of statutory value-added tax, insofar as it applies. Billing is by invoice.

Invoices are due within 14 days of the invoice date, without deduction. In the event of late payment, the statutory provisions apply (§§ 286, 288 BGB).

The term of the agreement results from the respective order. Unless otherwise agreed, the agreement is automatically renewed for the original term period each time, unless terminated in text form with 30 days' notice to the end of the respective term. The right of both parties to terminate for good cause remains unaffected. Terminations require text form.

For the duration of the agreement, the Provider grants the customer a simple, non-exclusive, non-transferable right to use the platform in accordance with the agreement, within the agreed scope. Any use beyond this, in particular the reproduction, modification, or making available of the software to third parties, is not permitted without the Provider's consent.

Rights to the content posted by the customer, as well as to the study data and analyses collected on the customer's behalf, remain with the customer. The Provider is entitled to use anonymized or aggregated data that no longer permits any reference to individuals or the customer to improve and operate the services.

The Provider endeavors to ensure high availability of the platform. Excluded from this are periods during which the platform is unavailable due to technical or other problems outside the Provider's control (e.g. force majeure, disruptions at third parties), as well as announced maintenance windows. Support is offered by email at support@klymeo.com.

No specific availability (service level) or specific support response time is guaranteed unless expressly agreed in text form in the respective order.

The statutory warranty rights apply, subject to the provisions of these Terms. The customer must report identifiable defects without delay, in text form. A guarantee as to quality is only assumed if expressly agreed in text form.

The Provider is liable without limitation for intent and gross negligence, for injury to life, body, or health, under the provisions of the Product Liability Act, and to the extent of any guarantee assumed.

In the case of a slightly negligent breach of a material contractual obligation (an obligation whose fulfillment enables the proper performance of the agreement in the first place and on whose observance the customer regularly relies — a cardinal obligation), liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded. The above limitations also apply for the benefit of the Provider's legal representatives and vicarious agents.

For the loss of data, the Provider is only liable to the extent that would also have occurred with proper and regular data backup by the customer. The customer remains responsible for backing up the content they upload to the platform themselves, unless expressly agreed otherwise.

The parties undertake to keep confidential all information of the other party obtained in the course of the cooperation that is marked as confidential or that is confidential by its nature, and to use it only for the purposes of performing the agreement. This obligation continues beyond the end of the agreement. Excluded is information that is publicly known or that must be disclosed due to a legal obligation.

Information on the processing of personal data can be found in our Privacy Policy. Insofar as the Provider processes personal data on the instructions of, and on behalf of, the customer (e.g. interview and participant data), a separate data processing agreement (DPA) pursuant to Art. 28 GDPR applies in addition, concluded separately from these Terms. The customer is the controller within the meaning of the GDPR for this data.

The Provider is entitled to amend these Terms with effect for the future, insofar as this is necessary for good cause (e.g. changes in the legal situation or case law, expansion of the service offering) and the customer is not unreasonably disadvantaged as a result. Changes will be communicated to the customer in text form at least 6 weeks before they take effect. If the customer does not object within the period specified in the notice, the changes are deemed accepted; this consequence will be specifically pointed out in the notice. In the event of an objection, both parties have a special right of termination.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the Provider's place of business (Ibbenbüren). The Provider is also entitled to bring an action at the customer's general place of jurisdiction.

Amendments and supplements to the agreement require text form. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.