Ogólne warunki

Section 1 Provider, scope, contracting parties

(1) The provider of the "DocMind" service is Marcus Pock, Brandfichtenweg 1, 16259 Bad Freienwalde, Deutschland, trading under the business name "GeekInfinity" (the "Provider"). Full provider details appear in the legal notice.

(2) These terms apply to all contracts for the use of DocMind concluded via docmind.geekinfinity.net.

(3) A consumer is any natural person entering into the contract for purposes that are predominantly outside their trade, business or profession (section 13 German Civil Code). An entrepreneur acts in the exercise of their trade, business or profession (section 14 German Civil Code). Some provisions apply only to entrepreneurs and are marked as such.

(4) Deviating terms of the user do not become part of the contract unless the Provider agrees to them in text form.

Section 2 Subject matter

(1) DocMind is browser-based software (software as a service) that lets the user upload, store, version, share and automatically analyse their own documents.

(2) The functionality includes storage of uploaded files with version management, automated classification, tagging and summarisation of documents by means of artificial intelligence systems, a chat function that answers questions automatically on the basis of the uploaded documents, sharing of individual documents, and export of the user's own data.

(3) The specific scope, in particular storage and usage limits, follows the plan chosen by the user as it stands at the time of contract conclusion.

(4) DocMind is not a backup, archiving or long-term retention service. It replaces neither the user's own data backups nor compliance with statutory retention obligations. See section 7(4).

(5) The Provider may develop the service further where this is reasonable for the user and the core benefit owed under the contract is preserved. Material reductions in functionality are announced in text form at least 30 days in advance; the user may then terminate with effect from the date the change takes effect.

Section 3 Registration, conclusion of contract, trial period

(1) Use requires a user account. The user provides accurate details and a valid email address, which is confirmed during registration.

(2) The contract is concluded when the user selects a plan in the ordering process, activates the button that triggers the payment obligation, and the Provider confirms the order.

(3) The Provider may offer a free trial period. No fee is charged during the trial. If the user does not terminate before it ends, the contract automatically continues as the paid subscription for the chosen plan and the first fee falls due when the trial ends. This consequence is pointed out separately during the ordering process.

(4) There is no entitlement to a trial period. It may be used only once per user and per person. The Provider may refuse or end it early where there are indications of repeated use or abuse.

(5) The contract text is stored and sent to the user in text form together with these terms after conclusion of the contract.

Section 4 Prices and payment

(1) The prices stated in the ordering process apply. Billing is monthly in advance.

(2) Prices are final prices. Pursuant to section 19 of the German VAT Act, no VAT is charged and therefore none is shown.

(3) Payments are processed by the payment service provider Stripe. The user stores a valid means of payment and keeps it valid for the term of the contract.

(4) If a due payment cannot be collected, the Provider may suspend access after an unsuccessful reminder and a grace period of at least 14 days. The user's data is retained during suspension.

(5) The user may set off only against claims that are undisputed or have been finally determined by a court.

Section 5 Term and termination

(1) The contract runs for an indefinite period and renews by a further billing month unless terminated.

(2) The user may terminate at any time without giving reasons, effective at the end of the current billing period, using the button provided in the service or informally in text form.

(3) The right to terminate for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the case of serious or repeated breaches of section 7.

(4) Access ends when the termination takes effect. Deletion of data is governed by section 13.

Section 6 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. Details are set out in the withdrawal instructions provided during the ordering process and in text form.

Section 7 User obligations

(1) The user keeps their access credentials confidential and informs the Provider without delay if unauthorised use is suspected.

(2) The user uploads only content they are entitled to store and process, and ensures that no third-party rights are infringed and no statutory prohibitions apply.

(3) Where uploaded documents contain personal data of third parties, the user is the controller under data protection law. The Provider makes available a data processing agreement pursuant to Article 28 GDPR. Special categories of personal data within the meaning of Article 9 GDPR must not be uploaded without a separate written agreement.

(4) Data backup. The user remains responsible for backing up their own data. They must keep their own copies of all documents stored in the service outside the service, to an extent and at intervals appropriate to the value of the data and the risk of loss. The Provider makes an export function available for this purpose. This obligation applies regardless of whether the Provider also makes backups.

(5) The user refrains from acts impairing the availability or integrity of the service, in particular automated bulk requests outside the interfaces provided, circumvention of usage limits, and attempts to access other users' data.

(6) Entrepreneurs only: The user indemnifies the Provider against third-party claims based on a breach of paragraphs 2 and 3, including reasonable costs of legal defence, unless the user is not responsible for the breach.

Section 8 Availability

(1) The Provider supplies the service with the care of a prudent business person but does not owe any particular level of availability. No availability commitment or service level agreement forms part of the contract.

(2) The Provider may interrupt the service temporarily for maintenance, updates and backups, and announces plannable interruptions in advance where reasonable.

(3) The Provider is not liable for impairments outside its sphere of responsibility, in particular disruptions of the user's internet connection, failures of upstream networks or of the infrastructure provider, and events of force majeure. Section 11 remains unaffected.

(4) The service uses third-party services for automated document analysis. If such a provider discontinues or materially changes its service, the Provider may adapt or discontinue the affected function; section 2(5) applies accordingly.

Section 9 Automated analysis and artificial intelligence features

(1) Key functions — in particular classification, tagging, summarisation, text recognition and the chat function — rely on artificial intelligence systems. Their outputs are generated statistically.

(2) The Provider owes the availability of these functions, not the correctness of their outputs. Outputs may be incorrect, incomplete, outdated or misleading, or may contain statements not present in the underlying documents. This applies even where an answer cites sources or quotations; such references identify the passages used and do not confirm that the answer is correct.

(3) Outputs do not constitute legal, tax, financial, medical or other professional advice and do not replace such advice.

(4) Duty to check. The user must independently verify outputs before using them, in particular before basing a decision, a statement to third parties, a deadline or date calculation, or any legal or economic disposition on them. The user is responsible for the use of the outputs.

Section 10 Usage limits

(1) The plan-dependent limits for storage volume, number of new documents per month and number of chat requests per month follow from the plan overview.

(2) When a limit is reached, the Provider may restrict the function concerned until the start of the next billing period or until the plan is changed. Data already stored remains accessible.

Section 11 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, to the extent of a guarantee given, and for fraudulent concealment of a defect.

(2) In cases of ordinary negligence, the Provider is liable only for breach of a material contractual obligation. Material obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely. Liability is then limited to the foreseeable damage typical for this type of contract.

(3) Foreseeable, contract-typical damage is limited, per event, to the fees paid in the twelve months preceding the event, and in total to a maximum of EUR 1,000 for all events in a contract year.

(4) Data loss. For loss of data the Provider is liable, subject to paragraphs 1 to 3, only up to the effort that would have been required to restore the data had the user made proper and regular backups under section 7(4). Paragraph 1 remains unaffected.

(5) The Provider is not liable for damage caused by the user using outputs without verification contrary to section 9(4), unless the Provider is at fault under paragraph 1.

(6) Any further liability is excluded. These limitations also apply in favour of the Provider's legal representatives, employees and agents.

(7) Entrepreneurs only: Claims for damages become time-barred twelve months after the statutory limitation period begins. This does not apply to claims under paragraph 1.

Section 12 Suspension

(1) The Provider may suspend access temporarily where there are concrete indications of a breach of section 7 or where suspension is necessary to avert a danger to the security of the service or to other users' data.

(2) The Provider takes the user's legitimate interests into account, notifies the suspension and its reason as soon as this is possible and permissible, and gives the user an opportunity to comment.

(3) The Provider lifts the suspension without delay once the reason no longer applies.

Section 13 Data export and deletion

(1) The user may download their documents at any time during the term using the export function.

(2) If the user ends the contract using the account deletion function, an export of their data is created and a download link is sent. The link is valid for seven days; the export is deleted thereafter.

(3) After the contract ends, the Provider deletes the user's data as soon as it is no longer needed to settle the contract. Statutory retention obligations for invoicing and payment data remain unaffected.

(4) The user must arrange for their own backups before the contract ends. There is no entitlement to restoration of deleted data.

Section 14 Changes to these terms

(1) The Provider may change these terms with effect for the future where necessary to adapt to changed law or case law, changed technical conditions or a change in the range of services, and where this does not unreasonably disadvantage the user.

(2) The Provider announces the change in text form at least 30 days before it takes effect and separately points out the change, the right to object and the consequences of silence.

(3) If the user does not object before the change takes effect, the amended terms are deemed accepted. If the user objects, the contract ends when the change takes effect, without a separate termination being required.

Section 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the state in which they are habitually resident (Article 6(2) Rome I Regulation).

(2) Entrepreneurs only: The exclusive place of jurisdiction is the Provider's registered seat.

(3) The Provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

(4) Should any provision be or become invalid, the validity of the remaining provisions is unaffected. The statutory rules take the place of the invalid provision.

(5) The contract languages are German and English. The user interface is available in further languages; the German or English version of these terms governs the content of the contract.