Preamble: himala and its limits

Oxolo GmbH, Bohnenstrasse 2, 20457 Hamburg, Commercial Register Number HRB 162 826 at Amtsgericht Hamburg, VAT-ID DE330771975, Managing Director Heiko Hubertz ("Oxolo" or "we") develops and operates a software solution ("himala") that supports users ("User" or "you") in searching, evaluating, and summarizing the Input entered by them (as defined in Section 3.1) ("Output"). For this purpose, Oxolo uses innovative technologies from the field of artificial intelligence. However, while we are constantly striving to improve himala and the technology behind it, the User should not rely on it. These technologies are partly based on stochastics (probabilities) and not on fixed rules. It is in their nature that the Output may be incomplete or contain errors. For this reason, the Output can only be used to support the User. The User must therefore not trust the accuracy of the Output. In particular, this means that the User should check the Output himself or have it checked by a qualified third party, especially if it is of importance to him or third parties. In particular, the Output must not be used to make or substantially prepare decisions that may have a legal effect or material significance for third parties, for example in relation to the granting of loans, in the medical field or in working life (such as the screening of applicants or decisions about their careers).

1 Subject matter of the agreement, applicability and scope of application

1.1 Oxolo provides himala to the User exclusively on the basis of these General Terms and Conditions ("GTC"). The GTC thus constitute the contract for the use of himala ("Agreement").

1.2 Oxolo expressly rejects any general terms and conditions of the User. Deviating general terms and conditions of the User shall only become part of the agreement if Oxolo expressly agrees in writing.

1.3 Insofar as Oxolo maintains special conditions for certain specific services or functions, the aforementioned paragraphs apply accordingly. In the event of contradictions between these special conditions and the GTC, these special conditions shall take precedence as more specific provisions.

1.4 These GTC do not apply to contractual relationships between the User and third parties.

2 Scope of services

2.1 Oxolo provides the latest version of himala.

2.2 Certain functions of himala are only available to the User against payment of a fee. The fees may be one-off payments or subscriptions.

2.3 Users can find the current descriptions and scope of functions of himala, the technical requirements for using himala and the applicable prices for himala services subject to a charge on the corresponding website. Other commitments, service assurances or ancillary agreements are only valid if they are confirmed in writing by Oxolo.

2.4 Oxolo shall access and process the User’s Input, including data from connected third-party accounts and tools (e.g., email, calendar, contacts, files, and messaging tools) that the User authorizes via OAuth/API or comparable authorization mechanisms, for the purpose of providing, operating, maintaining, and securing himala in accordance with this Agreement. Oxolo may transmit the Input to subcontractors (including hosting providers and specialized service providers) to the extent necessary to provide the Service. Input and Output will be stored in encrypted form, primarily on servers located in the EEA; where processing outside the EEA is required, Section 3.4 applies. Depending on the permissions granted by the User and the features enabled, himala may: (i) create drafts (including email drafts saved to a draft folder), (ii) propose or create/modify calendar entries, (iii) generate scheduling links, and (iv) generate meeting preparation, summaries, and notetaking outputs. Unless the User has explicitly enabled an automation feature that performs actions without confirmation, himala will not send emails, message third parties, or create/modify calendar entries without the User’s explicit confirmation in the user interface. himala is not intended to serve as the User’s backup or long-term storage solution; the User remains responsible for maintaining its own copies of Input and Output.

2.5 Oxolo guarantees an annual average availability of himala of 97%. This does not include times when himala's servers cannot be reached due to technical or other problems beyond Oxolo's control (e.g. force majeure, third party fault, etc.). Also excluded are times in which routine maintenance work is carried out. Oxolo can restrict access to himala if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, himala or stored data require this; these times are also not taken into account in the calculation of availability. Oxolo's liability for unavailability of the servers in the event of intent and gross negligence remains unaffected. himala and himala services may not be usable in all countries for legal or licensing reasons. Oxolo is not liable for the accessibility of third-party offers that are not vicarious agents of Oxolo or commissioned by Oxolo, in particular not for the availability of data sources.

2.6 Oxolo is entitled to expand, change, adapt to technical progress and/or improve the scope of himala at any time in order to (i) keep himala attractive for the largest possible number of Users, (ii) optimize the user-friendliness of himala, (iii) implement legal requirements or those due to supreme court rulings or official orders or (iv) to react to a changed market situation, for example due to an increased or decreased demand for himala functionalities. Oxolo is also entitled to take additional security measures or make similar changes at any time to guarantee the function and security of himala. In such cases, Oxolo shall inform the User, in particular in himala, of such adjustments and changes and any changed minimum technical requirements. For changes to the Agreements concluded with the User, including changes to these GTC, Section 14 of the GTC shall apply.

2.7 Within the framework of the applicable legal regulations Oxolo is entitled to analyze information on the use of himala for the improvement and further development of himala. Any usage data collected for this purpose (e.g. activity histories, log files, data on user interactions) are aggregated and evaluated exclusively in anonymized form, so that it is not possible to identify the contractual partner of Oxolo and/or the User on the basis of the evaluated data. Usage data within the meaning of this Section does not include the User's Input, which is only processed for the improvement and further development of himala after appropriate system settings have been made (see Section 2.8). Oxolo is entitled to the rights to the analyzed data.

2.8 The User can specify in the system settings whether Oxolo may process the Input (as defined in Section 3.1) and the other data processed in the context of the use of himala, including the input processed in himala and the generated Output, for the improvement and further development of himala. After the corresponding system settings have been made, Oxolo is entitled to process the Input and the other aforementioned data for the further development of the algorithms used and/or to be used in the future within the framework of himala. However, the data will not be used to train the Large Language Models used in himala's AI systems. The User can deactivate the corresponding system setting at any time. Oxolo is entitled to the rights to the analyzed data.

2.9 Oxolo is entitled to create and retain access logs for billing, security, and statistical purposes. Access logs may contain metadata on the use of himala and the released APIs (see Section 3.9), which is transmitted by himala to the API, or the size of the content transmitted via the API.

2.10 Oxolo is entitled to access Input (as defined in Section 3.1), the input processed in himala and the generated Output if and insofar as this is necessary to detect and rectify technical errors that are likely to jeopardize the availability of himala. Access to keys for decrypting the Input and/or the Input processed in himala shall only take place in individual cases in a recorded process for selected Oxolo employees who are obliged to maintain confidentiality and after approval by the company management. The data processed for troubleshooting is not assigned to individual users.

2.11 Oxolo does not process the User's Input, the processed Input and/or the generated Output to train the large language models used in himala's AI systems. This applies regardless of which system settings have been made in himala.

3 Data and data sources

3.1 As part of the use of himala, the User can provide data, for example by entering or uploading it or by allowing Oxolo access to external data sources. The data provided by the User in this way, including all entries made by the User, the external data sources released by the User and their contents, are hereinafter collectively referred to as "Input".

3.2 Oxolo processes the data provided or made available by the User solely to provide and operate himala and its features, including meeting preparation, scheduling, contact/relationship insights, email draft generation, task extraction/management, and meeting notetaking/transcription (where enabled), to secure and maintain the service, prevent abuse, comply with legal obligations, and provide customer support. Oxolo does not use personal data for any other purposes, in particular not for independent marketing or advertising activities. The User agrees that Oxolo will not send emails or finalize calendar changes on behalf of the User unless explicit, documented, and revocable consent has been given or the User has actively enabled an automation that performs such actions.

3.3 Input and Output are stored by Oxolo only to the extent technically necessary and only as required to provide the functionalities enabled by the User (e.g., meeting preparation, drafts, transcripts, tasks, and contact insights) and as configured by the User. Certain data may remain stored until the User deletes it, removes it from himala, or disconnects the relevant integration.

After deletion by the User, backup copies may persist for a limited period in accordance with Oxolo’s backup cycles and legal retention obligations. Oxolo will provide reasonable export and deletion functionality for Input and Output as described in Section 13. himala is not intended to be a backup solution; the User remains responsible for maintaining its own copies of Input and Output.

3.4 Oxolo may engage third-party service providers and subcontractors (including hosting providers, infrastructure providers, analytics providers, and specialist providers supporting particular features of himala) to process User Input and/or personal data to the extent necessary to provide, maintain, secure, and improve the Service. Oxolo shall ensure that such service providers are contractually bound to (i) confidentiality obligations and (ii) data protection obligations that are no less protective than those set out in this Agreement and, where applicable, the Data Processing Agreement (DPA).

Oxolo will make available to the User a current list of material sub-service providers that process personal data for the Service (including their location and purpose), and will notify Business Users in advance of material changes to that list. If a Business User objects to a new or replacement sub-service provider on reasonable data protection grounds, the parties shall cooperate in good faith to address the objection (e.g., by implementing appropriate safeguards or providing an alternative). If the objection cannot be resolved within a reasonable period, the Business User may terminate the affected part of the Service for convenience with effect from the date the new or replacement sub-service provider would start processing.

Oxolo will endeavor to process personal data primarily within the European Economic Area (EEA). However, processing outside the EEA may be required depending on the Service configuration, the User’s selected features, and the locations of sub-service providers. Where personal data is transferred to a country outside the EEA that is not subject to an adequacy decision, such transfers will take place only under appropriate safeguards within the meaning of Art. 46 GDPR, in particular the EU Standard Contractual Clauses (and, where applicable, any legally required addenda), and Oxolo will implement supplementary measures where required in light of the nature of the processing and the risks of the transfer.

3.5 When using himala, the User is obliged to observe all legal provisions for the collection, transmission, and processing of data, including the applicable laws on the protection of personal data. This also applies in particular to the transmission and processing of Input and the personal data contained therein.

3.6 Where the User is acting in a business capacity and provides personal data as Input for which the User determines the purposes and means of processing, Oxolo processes such personal data as processor on behalf of the User (Art. 4(8) GDPR). In that case, the parties shall enter into Oxolo’s Data Processing Agreement (“DPA”) before processing such Input; the DPA forms an integral part of this Agreement. Oxolo acts as independent controller for account administration,service security, and aggregated/anonymous usage analytics (where permitted).

3.7 Insofar as consumers use himala exclusively for the exercise of personal or family activities within the meaning of Art. 2 para. 2 lit. c GDPR. A consumer (section 13 BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. The consumer remains responsible for ensuring that any third-party personal data included in Input (e.g., meeting participants) is processed lawfully, including providing notices and obtaining consents where required.

3.8 It is the User's responsibility to ensure that himala is used in the User's sphere of influence in compliance with data protection regulations.

3.9 Before providing Input, the User is obliged to check whether Oxolo offers an adequate level of data protection for the intended processing of the Input in himala. This applies in particular if the User intends to provide Input that contains sensitive and/or confidential information, such as personal data belonging to the special categories pursuant to Art. 9 para. 1 GDPR. The technical and organizational measures taken by Oxolo to protect the transmitted Input are listed in Annex 3 of the Data Processing Agreement, which the parties conclude together with this Agreement.

3.10 If Oxolo does not offer an appropriate level of data protection for the intended processing of the Input in himala, the User is prohibited from uploading the respective Input to himala, contributing it or granting Oxolo access to it in any other way.

3.11 The User must ensure within its sphere of influence that the use of himala and the access granted to himala complies with data protection regulations and, in particular, does not lead to the unintentional disclosure of Input and/or Input processed in himala within its organization.

3.12 The User guarantees that he/she will not provide any personal data as Input or otherwise collect, transmit, store, or process any personal data in connection with the use of himala without the express consent of the persons concerned or another legal basis.

3.13 If the User grants Oxolo access to external data sources or tools from third-party providers, this is done via the API of the respective tools (or comparable technical interfaces made available by the third-party provider). The User may only use data sources, tools, and access data to which he is entitled. In particular, this means that the User must be authorized to use the content of the data sources and must be authorized to use the tool.

The User is solely responsible for ensuring that the use of such data sources/tools via himala complies with (i) applicable law and (ii) the contractual terms, policies, and technical requirements of the respective third-party provider (including any restrictions on automated access, scraping, re-use, or further processing of content). The User shall not use himala to circumvent technical restrictions, access controls, or usage limitations imposed by third parties, nor to obtain or process data from third-party sources where such access or processing is not permitted.

Oxolo does not assume any responsibility for the availability, functionality, completeness, or continued compatibility of third-party data sources/tools and their APIs, nor for the accuracy or permissibility of content obtained from third-party sources. Third-party providers may change or discontinue their services, APIs, scopes, or terms at any time, which may affect the availability of individual himala functions. Oxolo may restrict, suspend, or disable integrations or enrichment functions if Oxolo reasonably believes that continued use poses legal, security, or third-party terms-of-service risks.

3.14 If the User releases a data source, he/she thereby grants Oxolo permission to process it and the data contained therein in accordance with the provisions of these GTC and the agreement concluded between the parties for order processing. The User is free to withdraw Oxolo's access to a shared data source at any time.

3.15 Where the User enables a meeting notetaker, recording, or transcription feature (including a bot joining a meeting), the User represents and warrants that it has all necessary rights, permissions, and (where required) consents of meeting participants and that the User will provide legally required notices. Local laws may require one-party or all-party consent; the User is solely responsible for configuring use of this feature accordingly. The User is the controller of meeting content and participant data processed through this feature (unless the User is a consumer acting outside a business context, in which case the User remains responsible for third-party rights/consents). Oxolo may disable or restrict the feature if it reasonably believes it is used unlawfully. The User shall indemnify Oxolo for third-party claims arising from the User’s failure to provide notice/obtain consent, except to the extent caused by Oxolo’s breach of this Agreement.

3.16 Oxolo maintains appropriate technical and organizational measures to protect Input and personal data against unauthorized access, loss, or alteration, including access controls, encryption in transit, and encryption of OAuth tokens at rest. In the event of a personal data breach affecting Business User personal data processed under the DPA, Oxolo will notify the Business User without undue delay after becoming aware and will reasonably cooperate with investigation and remediation. The User shall implement reasonable security measures on its side (e.g., strong passwords, MFA where available) and promptly notify Oxolo of suspected account compromise.

4 Eligible Users

Natural persons are only authorized to use himala if they are of legal age.

5 Formation of the Agreement and registration

5.1 The Agreement is concluded between the User and Oxolo.

5.2 To use himala, prior registration and activation of a user account is required. The User submits a binding offer to conclude this Agreement via a correspondingly marked button. The offer can only be submitted and transmitted if the User has accepted these GTC and thereby included them in their application. The User can change and view this data at any time before submitting.

5.3 Only natural persons of legal age or legal entities duly represented at the time of registration are authorized to register as Users. Oxolo is entitled to request proof of authorized representation at any time.

5.4 After receipt of the registration, Oxolo may send the User an automatic confirmation of receipt, in which these GTC are listed again and can be saved or printed by the User. Any such automatic confirmation of receipt does not constitute acceptance of the offer but serves to document and verify the identity of the User. It may contain a verification link. In this case, Oxolo can only activate the user account after the User has confirmed his/her own identity by clicking on the verification link. Only the activation of the user account represents the acceptance of the offer and leads to the conclusion of the Agreement. Deviating from this, acceptance by Oxolo can also be made within 5 days by e-mail by means of an express declaration.

5.5 These GTC can be accessed at any time on the Oxolo website in a form that can be saved and printed.

6 Obligations of the User

6.1 The User undertakes to keep the access data of the user account (login data, password, etc.) strictly confidential and not to disclose them to third parties, unless Oxolo has given its prior written consent to the transfer of the user account.

6.2 Oxolo generally informs the User about the technical requirements for the use of himala in the product description or the specifications of himala, which can be accessed via the himala website. It is the User's responsibility to set up and maintain their device in a condition that enables the use of himala. In particular, the User is responsible for ensuring that their device meets the specified minimum technical requirements for the use of himala and has internet access.

6.3 If the User is a consumer and the updates, upgrades and other adjustments impair the User's ability to access or use himala, the User has a right of termination free of charge, which he may exercise within 30 days of receipt of the aforementioned information.

6.4 It is the User's responsibility to report disruptions, defects, and other functional impairments of himala or of himala Services as soon as they are discovered. As far as possible, the User should describe the impairments in text form, preferably by e-mail, to explain how the disruption, defects or functional impairments can be reproduced. In most cases, this is necessary to allow an effective remedy.

6.5 The User is solely responsible for ensuring the continuous technical security of his/her device and the software installed on his/her device by taking appropriate measures, in particular the installation of current security updates for the installed software.

6.6 The data entered and uploaded by the User while using himala must not violate legal regulations or infringe the rights of third parties. himala must not be used for illegal purposes or purposes that infringe the rights of third parties. This also includes that the User may provide the data entered and uploaded to Oxolo as described in this Agreement.

6.7 himala and the Output created with himala may not be used to make or substantially prepare decisions that may have a legal effect or material significance for the User or third parties, for example in relation to the granting of loans, in the medical field or in working life (such as the screening of applicants or decisions about their careers).

6.8 If the User violates Section 6.1, 6.6 or 6.7 and is responsible for this, Oxolo is generally entitled to suspend the provision of the services owed with immediate effect or to terminate the Agreement with the User and to block the User's access to himala. The User indemnifies Oxolo from any damages, including legal fees, resulting from a breach of the above Sections 6.1, 6.6 or 6.7 for which the User is responsible.

6.9 Where an integration requires administrator consent or elevated permissions (e.g., Microsoft Teams tenant scopes), the User is solely responsible for obtaining such consent and ensuring the integration is authorized for the intended users. The User must ensure that only authorized persons connect accounts and that connected accounts are used in compliance with internal policies.

7 Paid subscriptions

7.1 Oxolo may offer a 7-day free trial for certain plans. Unless the User cancels before the end of the trial, the paid subscription selected at sign-up will commence immediately after the trial ends and the payment method will be charged. Oxolo will display applicable prices and renewal terms prior to sign-up.

7.2 After activating the user account, Oxolo can offer the User an extended scope of services for a fee. These can be one-off payments or subscriptions. The costs are displayed to the User before purchase.

7.2 Details of the price, content, and functions and, in the case of subscriptions, their respective terms shall be agreed in the relevant order to be concluded between the parties.

7.3 To conclude an order in the form of a subscription agreement, the User logs in with his/her himala user account and selects the desired duration of the subscription. By clicking on the correspondingly marked button, the User submits a binding offer to conclude the subscription agreement.

7.4 The subscription agreement is concluded for the agreed term. Subscription agreements with a fixed term are automatically extended by the original term if neither party terminates the subscription agreement before the end of the current term in compliance with the notice period in accordance with Section 13.2. For consumers, the subscription agreement is extended indefinitely after expiry of the initial term and can be terminated at any time with one month's notice.

7.5 For the use of the himala Services subject to a charge, the fees agreed in the subscription agreement or - if no such agreement has been made - the fees shown in the price list for himala shall apply..

7.6 The fees are due and payable in advance for the original term of the subscription and each respective extension of the term of the subscription, unless a different payment term has been agreed. If a subscription with a consumer is extended for an indefinite period, the fees are payable monthly.

7.7 Oxolo can send invoices to the User by e-mail or make them available as an electronic document.

7.8 The User shall be in default without a reminder if they do not pay the invoice amount within 14 days of receipt of the invoice. If the User is a consumer, they shall be in default without a reminder if they do not pay the invoice amount within 30 days of receipt of the invoice. In the event of late payment, the statutory default interest rates shall apply. In the event of default, Oxolo is also entitled to discontinue the services and to block or delete the User's account under the conditions of Section 13. This also applies in the event of unlawful chargebacks. Oxolo reserves the right to assert further claims, in particular further damages caused by default.

7.9 If a payment fails or is charged back, Oxolo may retry, suspend access, and charge statutory default interest/fees where applicable.

7.10 Oxolo may change prices for renewals with advance notice; the User may terminate the subscription effective at the end of the current term if it does not accept the new price.

8 Instruction in addition to the information on the right of withdrawal in the himala store

8.1 Right of withdrawal

Only if the User concludes the agreement with Oxolo as a consumer is the User entitled to the right of withdrawal explained below:

You have the right to withdraw from this Agreement within fourteen days without giving any reason.

To exercise your right of withdrawal, you must inform us (Oxolo GmbH, Bohnenstrasse 2 20457 Hamburg Germany, widerruf@himala.ai) of your decision to withdraw from this Agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You may use the sample withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this Agreement compared to the total scope of the services provided for in the Agreement.

End of the withdrawal policy

Sample withdrawal form

(If you wish to cancel the Agreement, please fill out this form and send it back to us).

To

Oxolo GmbH Bohnenstrasse 2 20457 Hamburg Germany

widerruf@himala.ai

I/we (*) hereby revoke the Agreement concluded by me/us (*) for the purchase of the following goods/the provision of the following service (*)

• Ordered on (*)/received on (*)

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only for notification on paper)

• Date

(*) Delete as appropriate.

8.2 Special notes:

The right of withdrawal expires prematurely in the case of Agreements for the delivery of digital content not on a physical data carrier if Oxolo has started to execute the Agreement after the User

a.) has expressly agreed that Oxolo or the operator of the himala store, through which Oxolo provides the respective services for the User, may begin with the execution of the Agreement before the expiry of the withdrawal period, and

b.) has confirmed his/her knowledge that by giving his/her consent he loses his/her right of withdrawal at the beginning of the execution of the Agreement, and

c.) Oxolo has provided the User with a confirmation in accordance with § 312f BGB (e.g via e-mail).

The Agreement can only be sensibly reversed by the operator of the himala store, as this is responsible for the provision of himala and, in particular, the exclusive processing and billing of payments for himala services subject to a charge. Oxolo also has no closer insight into these processes. The User is therefore recommended to contact the operator of the himala store regarding the right of withdrawal and the processing of the withdrawal.

9 Industrial property rights, copyrights and rights of use

Oxolo grants the User a non-exclusive, revocable, non-transferable right to use himala, limited to the duration of the Agreement, only within the scope of the contractual provisions and only for the agreed purpose. Unless otherwise agreed, the User is not authorized to grant sublicenses. Insofar as the right of use under a subscription Agreement is not free of charge, the above right of use is subject to the condition precedent of full payment of the fee.

The above rights may not be transferred to third parties unless expressly agreed otherwise.

Any form of decompilation, reverse engineering or other measures to decompose himala or other software from Oxolo into individual parts or components is prohibited. The rights according to sections 69d, 69e UrhG remain unaffected.

In particular, the User is prohibited from adding elements to himala or changing, deleting, or otherwise modifying elements of himala, such as interfaces to third-party software, unless there is an express written agreement with Oxolo or the express written consent of Oxolo to do so. In particular, the User is not permitted to attempt to decrypt the source code of himala.

All rights, in particular copyrights and other industrial property rights to himala and all content of himala - except for the content introduced or uploaded by the User in accordance with Section 10.1 and the newly created protectable content through the use of himala in accordance with Section 11.1 - shall remain with Oxolo and/or the respective licensor and/or rights holder.

If Oxolo provides new versions, updates, upgrades, or other new deliveries with regard to himala and the associated documentation during the term, the above rights and restrictions also apply to these.

10 Rights to Input provided or uploaded by the User

10.1 The User grants Oxolo a non-exclusive, limited, worldwide right to host, reproduce, transmit, and otherwise process the Input solely to provide, operate, secure, and support himala during the term of this Agreement.

Use of Input and/or Output for product improvement, quality assurance, or the further development of algorithms occurs only where the User has enabled the relevant system setting (Section 2.8) and, where personal data is involved, only as permitted by applicable law and, where applicable, the Data Processing Agreement (DPA) and/or Oxolo’s privacy information.

This license ends upon deletion of the relevant Input by the User or termination/expiration of the Agreement, subject to Section 3.3 (backup retention and legal retention obligations).

11 Rights to newly created protectable content

11.1 If New Protectable Content is created within the meaning of German copyright law, the User shall be the rights holder thereof. The User grants Oxolo the rights to such New Protectable Content as far as this is necessary for the performance of the contractual relationship; the details are governed by Section 10.1.

As between the parties, the User may use Output for its internal business purposes and may share it externally at its own risk. The User is responsible for verifying Output and ensuring that its use does not infringe third-party rights or violate applicable law, including confidentiality and data protection obligations.

Oxolo receives only the limited rights necessary to operate the Service and (if enabled by the User pursuant to Section 2.8) to use Input and/or Output for product improvement as set out in Sections 2.8 and 10.1.

12 Limitation of liability

12.1 Oxolo shall be liable without limitation in cases of intent and gross negligence. In cases of slight negligence, Oxolo shall only be liable for the breach of a material contractual obligation; in such case, liability shall be limited to the foreseeable, typically occurring damage. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the Agreement possible in the first place and on whose compliance the User may regularly rely.

12.2 For Business Users, Oxolo’s total liability under this Agreement shall be capped at the fees paid or payable by the User for the Service in the three (3) months preceding the event giving rise to the claim. For Business Users, Oxolo shall not be liable for indirect or consequential damages, loss of profit, or loss of data, except to the extent such damages were caused by intent or gross negligence.

12.3 For free trials and any free-of-charge use of the Service, Oxolo’s liability is limited to intent and gross negligence, subject to mandatory statutory liability.

12.4 The limitations and exclusions of liability in this Section 12 shall not apply to (i) liability for damages resulting from injury to life, body, or health, (ii) liability under the German Product Liability Act (Produkthaftungsgesetz), and (iii) mandatory statutory liability that cannot be limited under applicable law. In addition, nothing in this Agreement limits liability for breaches of data-protection obligations to the extent mandatory law requires otherwise. Consumer statutory rights remain unaffected.

12.5 The above limitations of liability also apply with regard to the liability of Oxolo's employees, workers, staff, representatives, and vicarious agents, in particular in favor of the shareholders, employees, representatives, bodies and their members with regard to their personal liability.

12.6 The above limitations of liability do not apply to damages resulting from injury to life, body, or health, in cases of intent or gross negligence on the part of Oxolo or its vicarious agents and representatives, in cases of a guarantee of quality given or in cases of liability under the Product Liability Act. They do not change the legal burden of proof.

13 Term and termination of Agreement

13.1 Unless otherwise agreed, the Agreement is concluded for an indefinite period.

13.2 Subscription agreements can be terminated in the user account settings. If the User requests Oxolo to delete the user account, the User also declares the termination of all subscriptions.

13.3 The parties may terminate this Agreement at any time and subscription agreements with a notice period of one month to the end of the agreed term. Subscription agreements are automatically extended by the original term if the User does not give notice of termination at least one month before the end of the term of the respective subscription. In the case of subscription agreements with consumers, Section 7.4 of this Agreement applies instead.

13.4 Upon termination or expiration of the Agreement (including any subscription), Oxolo will provide the User with the ability to export key data (e.g., meeting preparations, tasks, transcripts, and drafts metadata) for at least thirty (30) days after the effective date of termination/expiration, unless a shorter period is required for security reasons or prohibited by law.

13.5 Following the export period, Oxolo will delete or anonymize remaining Input and Output within a reasonable period, unless retention is required by applicable law or is necessary for the establishment, exercise, or defense of legal claims. For Business Users whose Input includes personal data processed by Oxolo as processor, return and deletion are governed by the Data Processing Agreement (DPA) in addition to this Section 13.

13.6 The right of the parties to extraordinary termination for cause at any time remains unaffected by the above provisions. In particular, Oxolo is entitled to extraordinary termination for cause if

a) the User culpably violates laws or these GTC and repeatedly fails to behave in the same or a similar manner in accordance with the rules despite a warning;

b) the User is in arrears with the payment of the fees or a not insignificant part of the fees for two consecutive months or is in arrears with the payment of the fee in an amount equal to the fee for two months.

In the event of serious breaches, immediate termination is permitted without the need for a prior warning. A serious breach is a breach where Oxolo cannot reasonably be expected to adhere to the Agreement. This is usually the case if the User

a) violates criminal law;

b) uses the user account in an unauthorized manner;

c) provides incorrect data during registration or the payment process;

d) violates Section 6.6 or 6.7

14 Agreement amendment

Oxolo may amend or supplement these GTC at any time with effect for the future, insofar as this appears necessary and does not affect the User contrary to good faith. In particular, an amendment may be necessary to adapt to a changed legal situation. Recent court rulings are also deemed to be changes to the legal situation. Changes and further developments of himala may also make it necessary to amend or supplement the GTC.

Oxolo will inform the User in text form at least six weeks before the changes or additions to these GTC come into force and give him the opportunity to object to the change or addition within a period of six weeks from receipt of this notification.

In the event of a timely objection, these Terms and Conditions shall continue to apply. If the User does not object to the amendment or addition within the objection period or continues to use himala thereafter without objection, the amendments shall be deemed to have been accepted and shall become an integral part of the Agreement.

Oxolo will inform the User of the possibility of objection, the deadline, and the legal consequences, in particular with regard to a failure to object, when informing the User of the changes to the GTC.

15 Final provisions

The contractual relationship between the User and Oxolo is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international conflict of laws rules.

Exclusive place of jurisdiction is Hamburg, Germany, if User is a merchant (§ 14 BGB)

In the event that one or more provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions. In the event of invalidity, the invalid provision shall be replaced by the statutory provision.