Terms of Service

(1) These Terms of Service (hereinafter "Terms") apply to all contracts between Expert Sieve UG (haftungsbeschränkt) Wilhelm-Raabe-Str. 6 04416 Markkleeberg Germany (hereinafter "Provider") and the Customer regarding the use of the Software-as-a-Service platform "HeyKurt" (hereinafter "Service"). (2) Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their validity in writing. (3) The Service is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code) (B2B). By registering, the Customer confirms that they are using the Service for commercial or self-employed professional purposes.

(1) HeyKurt is an AI-powered knowledge assistant for support teams. The Service enables: • Connection to helpdesk systems (especially Freshdesk) • AI-powered analysis and processing of support tickets and knowledge bases • Semantic search in the Customer's knowledge base • Provision of answer suggestions with source references • Team statistics and usage analytics (2) The exact scope of services is determined by the plan chosen by the Customer (Free, Starter, Professional, or Enterprise) according to the current price list on the website. (3) The Provider reserves the right to develop, improve, and adapt the Service at any time, provided this is reasonable for the Customer considering the interests of the Provider and the essential scope of services is maintained. (4) The Service is provided via the Internet as a web-based application. The Customer is responsible for providing a suitable Internet connection and technical infrastructure.

(1) The presentation of the Service on the website does not constitute a legally binding offer, but an invitation to submit an offer. (2) By completing the registration, the Customer submits a binding offer to enter into a usage contract. The contract is concluded when the Provider accepts the offer by activating the Customer account. (3) The Customer is obligated to provide truthful and complete information during registration and to keep this information up to date. (4) Only one account may be created per company. Sharing login credentials with third parties outside the company is prohibited.

(1) The Provider grants new Customers a free trial period of 30 days with full functionality of the Professional plan. (2) The trial period begins upon successful registration. After the trial period expires, the account is automatically switched to the Free plan unless a paid plan is selected. (3) There is no entitlement to a free trial period. The Provider reserves the right to end the trial period or change its conditions at any time.

(1) The prices published on the website at the time of contract conclusion apply. All prices are in Euros plus applicable VAT. (2) Billing occurs monthly or annually in advance, depending on the chosen payment method. For annual payment, the Provider grants a discount according to the current price list. (3) Payment is made by credit card (Visa, Mastercard, American Express) or SEPA direct debit. For Enterprise customers, invoice payment is also available upon arrangement. (4) In case of payment default, the Provider is entitled to block access to the Service until outstanding amounts are settled. (5) The Provider reserves the right to adjust prices with a notice period of 30 days at the end of the respective billing period. In this case, the Customer has a special right of termination effective at the time the price change takes effect.

(1) The contract is concluded for an indefinite period. (2) With monthly billing, the contract can be terminated by either party at any time effective at the end of the current billing month. (3) With annual billing, the contract can be terminated by either party with a notice period of 30 days effective at the end of the respective contract year. (4) The free tier can be terminated at any time without notice. (5) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if: • the Customer is in default of payment for more than 30 days despite a reminder • the Customer violates essential contractual obligations • the Customer uses the Service abusively (6) Termination can be made via email to info@heykurt.de or through the account settings.

(1) The Provider grants the Customer a non-exclusive, non-transferable right to use the Service within the scope of the chosen plan for the duration of the contract. (2) The Customer agrees to: • use the Service only within the agreed terms of use • not upload content that violates applicable law • keep their login credentials confidential and protect them from third-party access • comply with the usage limits of their plan • immediately inform the Provider of any misuse of their account (3) The Customer is responsible for all activities that occur under their account. (4) Sublicensing or sharing the Service with third parties is not permitted without prior written consent from the Provider.

(1) The Customer remains the owner of all data they enter or upload as part of using the Service ("Customer Data"). (2) The Customer grants the Provider the right to process Customer Data to the extent necessary to provide the Service. This includes in particular: • Storage and processing in the cloud infrastructure • Processing by AI systems to provide the search function • Creation of anonymized, aggregated statistics (3) The processing of personal data is carried out in accordance with the Privacy Policy and, where necessary, on the basis of a Data Processing Agreement (DPA). (4) All data is processed and stored in data centers within the European Union. No transfer to third countries without an adequate level of data protection takes place. (5) After contract termination, the Customer has 30 days to export their data. After that, all Customer Data will be irreversibly deleted.

(1) The Provider strives for high availability of the Service but does not guarantee uninterrupted availability. (2) Scheduled maintenance work is carried out during low-usage times where possible and announced in advance. (3) The Provider is not liable for interruptions or impairments due to circumstances beyond their control, in particular: • force majeure • disruptions in the Internet or with third-party providers • errors in the Customer's technical infrastructure

(1) The Provider provides the Service "as is" and makes no guarantee for achieving specific results or suitability for a specific purpose. (2) AI-powered answers and recommendations serve only as assistance. The Customer is responsible for verification and correct application. (3) The Provider has unlimited liability: • for intent and gross negligence • for damages resulting from injury to life, body, or health • under the provisions of the Product Liability Act (4) For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability is limited to the typical, foreseeable damage. (5) Liability is limited in amount to the amount paid by the Customer in the last 12 months. (6) The above limitations of liability also apply in favor of the Provider's employees, representatives, and vicarious agents.

(1) The parties undertake to keep confidential all confidential information of the other party obtained in connection with the contractual relationship and to use it only for the performance of the contract. (2) This obligation does not apply to information that: • is or becomes publicly known without this being due to a breach of this agreement • was already known to the receiving party before receipt • was lawfully transmitted by a third party without confidentiality obligation • must be disclosed due to legal obligation (3) The confidentiality obligation continues after termination of the contract.

(1) The Provider reserves the right to change these Terms with effect for the future, insofar as this is reasonable for the Customer. (2) The Customer will be informed of changes via email. Changes are deemed approved if the Customer does not object in writing within 30 days of receiving the change notification. (3) In case of objection, the Provider may terminate the contract effective at the time the change takes effect. The Customer will be informed of their right to object and the consequences of an objection in the change notification.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) 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 this contract is the Provider's registered office (Leipzig). (3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision. (4) There are no oral side agreements. Changes and additions require text form. (5) The contract language is German.