Terms of Services
These contractual and usage terms are concluded between 8awake GmbH, Schellingstrasse 22, 80799 Munich (hereinafter referred to as “8awake“), and a user or company (hereinafter referred to as the “Customer“).
These contractual and usage terms govern, among other things, the contractual relationship regarding the provision and use of 8awake’s software products (hereinafter referred to as the “Software”), as well as the terms of use, liability, and warranty on the part of 8awake, the compensation for software usage, the obligations of the Customer and the individuals who specifically use the Software (hereinafter referred to as “End Users”), as well as the extension and termination of the contractual relationship between the parties, furthermore, the use of data through the use of the Software provided by 8awake, and all other circumstances listed in the following sections regarding the contractual relationship between the Customer, End Users, and 8awake.
These contractual terms apply to entrepreneurs within the meaning of the German Civil Code (BGB).
§ 1 Subject matter of the contract and liability
8awake develops and distributes software products for companies to optimize marketing processes. The software “Formula8” provided by 8awake uses artificial intelligence (hereinafter “AI”) for this purpose. 8awake only grants time-limited rights of use of individual services to the customer. A sale or an unlimited license of use is neither implemented nor granted by 8awake. The granting of the chargeable right of use takes place by setting up access to the software of 8awake and the subscriptions booked by the customer. Thereby, different services are released for use with the help of the corresponding booking of subscriptions or partial licenses. There is no transfer of ownership of the software or individual services to the customer.
The software offered by 8awake is operated exclusively on 8awake’s infrastructure and servers and is provided on an internet-based basis as a “Software as a Service” solution. The scope of use of individual subscriptions, if listed, is governed by the supplementary license terms and services of the respective subscription. 8awake only provides access to the software and the services booked by the customer via subscription. The customer has no claim to success by using the provided software against 8awake. The use of the software for illegal or criminal purposes is strictly prohibited and will be reported to the police.
These terms and conditions apply exclusively to the contractual relationship between 8awake and the customer. The general terms and conditions of the customer have no validity for the contractual relationship concluded between 8awake and the customer and the associated legal relationships and are not binding on 8awake.
All contractual relationships between 8awake and the customer or future legal transactions, with the exception of the supplementary license terms of individual subscriptions or services, are subject to these terms of contract and use.
§ 2 Conclusion of Contract, Term of Contract, Termination and Payment
When the customer uses the website of 8awake to book access to the software, this constitutes an offer on the part of the customer to enter into a contract for the correspondingly selected subscription. A contract between the customer and 8awake is only concluded by the transmission of an order confirmation by 8awake to the customer in electronic or text form or by the activation of the corresponding access for the customer to the software of 8awake. The mere creation of a user account by the customer at 8awake does not constitute an offer to conclude a contract. Offers on the part of 8awake to conclude a contract are subject to change.
The contract term of a subscription results from the offer or the subscription period selected by the customer. Unless otherwise agreed between the parties, the contract term is extended after the end of the current subscription period by the initial subscription period selected by the customer. Both the customer and 8awake have a corresponding ordinary right of termination at the end of the respective contract period, subject to the following notice periods. In the case of a monthly contract period, the customer must give notice of termination in electronic form or in writing before the end of the contract period, at the latest three days before the end of the contract period. In the case of an annual contract term, the customer must give notice of termination in electronic form or in writing before the end of the contract term, at the latest fourteen days before the end of the contract term. Timeliness is determined by the date of receipt by 8awake. After termination by one of the contracting parties, 8awake is entitled to irrevocably delete all data stored by the customer in the software and the associated user account.
8awake can choose whether the provision of the software is based on the granting of a company-related license or a user-related license. In the case of an enterprise license, the number of end users provided by 8awake is based on the respective license agreement, in the case of a user license, the use of the Software is limited to the number of end users included in the respective subscription. All access to the software provided by 8awake is always limited to the customer as a natural person or company. Use of the license by companies affiliated under corporate law, for example pursuant to §§ 271 (2) of the German Commercial Code (HGB), 15 of the German Stock Corporation Act (AktG), or subsidiaries is not permitted and is prohibited.
§ 3 Usage-based billing
In the case of services included in the subscription whose billing is regulated on a usage-based basis, billing is based on the logging of the Customer’s effective usage or the related use of the software by the Customer. Depending on the subscription, the customer can obtain a predefined number of so-called “AI tokens” (also known as “artificial intelligence tokens”) for a fee. AI tokens can then be used by the customer to carry out data processing with the software provided (e.g. to generate content with the help of AI). The customer can only approach 8awake with claims that have been recognized by 8awake or have been legally established.
§ 4 Free trial period
8awake may offer the customer a free trial access for a limited period of time prior to the purchase of a paid subscription. During this trial period, the customer will have limited access to the software provided by 8awake. After expiration of the free trial period, the customer’s access to the software expires automatically. If the customer has not purchased a paid subscription to the software after the expiration of the trial period, 8awake is entitled to irrevocably delete all data and the associated user account of the customer after a period of one month.
Each customer may use a trial period of the software granted by 8awake only once. If 8awake determines that a customer has used a free trial period multiple times, 8awake may block the affected customer’s access to the software at any time and without prior notice.
§ 5 Maintenance, updates of the software and availability
8awake reserves the right to perform regular maintenance or important updates to the provided software. This may lead to a temporary downtime or a missing or limited accessibility of the software of 8awake. The customer has no claim to a complete or error-free availability of the software or to the implementation of updates and product changes on the part of 8awake.
8awake will make reasonable efforts and endeavors to ensure 99% availability of the software within a month in hours and minutes. The availability of the Software is defined by the successful processing of a user request sent to the Software by Customer within a period of ten minutes, otherwise there is a failure in the availability of the Software.
§ 6 Warranty, Liability and Statute of Limitations
The warranty of 8awake is limited to the intended functions of the software provided to the customer. In particular, 8awake is not liable for the achievement of a certain result or the setting of a certain success through the use of the software by the customer.
§ 7 Other terms
Place of fulfillment is the registered office of 8awake. For all disputes arising from this contract, if legally permissible, the place of jurisdiction between the parties is the registered office of 8awake. All claims between the customer and 8awake are subject to the laws of the Federal Republic of Germany, excluding international private law. Supplementary for consumers, the European Union Consumer Dispute Resolution Platform for out-of-court settlement of disputes with businesses (https://ec.europa.eu/consumers/odr/) shall apply.
8awake is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8awake is entitled to amend these terms and conditions due to changes in the law and changes in supreme court rulings. Amendments become legally binding for the customer if the customer does not object to them within a period of four weeks in electronic form or in writing after being informed about the amendments in electronic form or in writing. 8awake is entitled to make changes to the contract and terms of use available to the customer in the software or to make them recognizable.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.