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LEGAL

TERMS OF SERVICE

Last update: Tue Aug 04 2026

These Terms of Service ("Terms") govern access to and use of the Bayescase software-as-a-service platform provided by Bayescase GmbH, Julius-Hatry-Straße 1, 68163 Mannheim, Germany.

1. Parties; Applicability; Contract Structure

  • These Terms of Service (Terms) govern access to and use of the Bayescase software-as-a-service platform (Service) provided by Bayescase GmbH, Julius-Hatry-Straße 1, 68163 Mannheim, registered with the commercial register of Registergericht Mannheim under HRB 756276 (Bayescase, we, us).
  • Business customers only. The Service is offered exclusively to entrepreneurs/businesses within the meaning of § 14 BGB and not to consumers (§ 13 BGB). By registering, Customer represents that it is acting for business purposes and will provide a valid VAT ID or other proof of business status upon request. We may refuse or terminate access if we reasonably suspect consumer use or misrepresentation.
  • Agreement. These Terms together with any Order Form or in-app subscription selection (Order), the Data Processing Agreement (DPA) at https://bayescase.com/dpa, and any additional documents expressly incorporated by reference (together, Agreement) govern the parties' rights and obligations. Order of precedence: (1) Order, (2) DPA, (3) these Terms, (4) documentation published by Bayescase (Documentation). By way of derogation, the DPA prevails over all other components of the Agreement, including the Order, with respect to the processing of personal data, unless expressly agreed otherwise in a separately executed amendment to the DPA.

2. Definitions

  • Affiliate: any entity controlling, controlled by, or under common control with a party.
  • Authorized Users: Customer's employees and contractors authorized to use the Service.
  • Customer Data: data, content, and materials submitted to or processed by the Service on Customer's behalf.
  • Usage Data: data generated by or about the use and performance of the Service.
  • Aggregated Data: data derived from Customer Data and/or Usage Data that is de-identified and aggregated so it cannot reasonably be used to identify Customer or a natural person.
  • Third Party Services: products or services not provided by Bayescase (e.g., identity providers, payment services).
  • Subscription Term: the initial and any renewal term for a paid plan.
  • Effective Date: the date on which Customer enters into the Order or confirms the subscription in the Service, or — if earlier — the date on which Bayescase first provides Customer with access to the Service.
  • Trial Period: the period of free use of the Service described in Section 4.
  • Confidential Information: all non-public information disclosed by one party to the other in connection with the Agreement that is marked as confidential or whose confidential nature is apparent from the circumstances, including Customer Data, pricing and terms, product roadmaps, security information, and trade secrets within the meaning of the GeschGehG.
  • Outputs: results, content, and other material generated by the Service from inputs provided by Customer or its Authorized Users, including through AI Features.
  • AI Features: features of the Service that use machine learning or other artificial intelligence models to generate, summarize, transform, or suggest content, structures, assumptions, ranges, reports, narratives, or other outputs based on Customer inputs or context.
  • Documentation: Bayescase's then-current user-facing descriptions, onboarding materials, help-center materials, and instructions for use made available by Bayescase for the Service.
  • High-Risk Use Case: any use of the Service or AI Features in a context that is prohibited by applicable law or that would reasonably be considered a high-risk use of AI under applicable law, including use to evaluate, score, profile, monitor, or materially support decisions about natural persons in employment, worker management, education, consumer credit, insurance, access to essential services, law enforcement, migration, border control, asylum, or administration of justice.
  • Prohibited AI Use: any use of the Service or AI Features in a manner prohibited by applicable law relating to artificial intelligence, automated decision-making, discrimination, data protection, or fundamental rights.

3. Account Registration and Access; License Grant

  • Registration. Customer must maintain accurate account information and implement appropriate access controls. Customer is responsible for all activities under its accounts by Authorized Users.
  • License grant. Subject to the Agreement and timely payment of fees, Bayescase grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service and Documentation during the Subscription Term, solely for Customer's internal business purposes and up to the quantities and scope specified in the Order. All rights not expressly granted are reserved.
  • SSO/identity providers. If Customer enables third-party authentication (e.g., Google/Microsoft), those services are Third Party Services subject to their terms. Our processing of related personal data is described in our Privacy Policy and, where applicable, the DPA.
  • Suspension. We may suspend accounts for breach of the Agreement, for non-payment per Section 5, for security risks or misuse, or if information provided is materially false, giving prior notice where reasonable.

4. Free Trial

  • Free trial. Bayescase may offer a free trial of the Service for the period stated at sign-up or in the applicable offer. Unless otherwise stated, the free trial includes access to standard Service features made available by Bayescase for evaluation purposes.
  • Trial conditions. During the free trial, the Service is provided on an as-available basis. Bayescase may modify, limit, or discontinue trial features at any time. Bayescase may end a free trial early in cases of misuse, security risk, legal risk, or violation of the Agreement.
  • Conversion to paid plan. To continue using the Service after the free trial, Customer must subscribe to a paid plan or enter into an Order with Bayescase. If Customer does not do so by the end of the trial, Bayescase may suspend or terminate access to the trial environment after providing reasonable export functionality or notice where practicable.
  • Feedback and communications. During the free trial, Bayescase may contact Customer's account contacts and Authorized Users with service-related updates and non-promotional product-feedback requests relating to the trial. Participation in feedback is optional, but trial-related service communications are part of the evaluation process.
  • Trial liability. For free-trial use, liability is limited as set out in Section 16 for free use.

5. Subscriptions, Seats, Credits, Fees, Taxes, Renewal

The Service is licensed under one of two subscription models, as specified in the applicable Order: (A) a Seat-based model, under which access is licensed per user (Seat); or (B) a Credit-based (project-based) model, under which access is not limited by the number of users and usage is instead measured in credits. The applicable Order specifies which model applies, together with the billing frequency, applicable currency, and fees. The provisions in Section 5.C (Fees, Billing, Taxes and Renewal) apply to both models.

A. Seat-based subscriptions

  • Seats; subscription basis. Under the Seat-based model, access to the Service is licensed on a per-user, per-month basis, as further specified in the applicable Order. The Order sets out, among other things, the number of Seats purchased, the billing frequency (e.g., monthly or annual invoicing), the applicable currency, and the fees. Customer may permit access to the Service only up to the number of Seats purchased under the applicable Order. Bayescase may implement technical measures to enforce Seat limits.
  • Seat assignment models. The applicable Order will specify one of the following Seat assignment models. If the Order does not specify a model, the Named User Model applies by default.
    • (a) Named User Model. Each Seat is assigned to a specific, named Authorized User by Bayescase. Only that individual may use the assigned Seat. If a named Authorized User permanently leaves Customer's organization, permanently moves into a role with no need for the Service, or is expected to be absent for more than three months, Customer may request reassignment of the Seat to another individual. Bayescase will carry out the reassignment within five (5) business days of receiving the request. Otherwise, a Seat may be reassigned no more than once per calendar quarter. Reassignment for the purpose of rotating or sharing a Seat among several individuals is not permitted. All reassignments are performed by Bayescase.
    • (b) Rolling Seat Model. A Seat is assigned to an individual user when that user logs in to the Service. Once assigned, the Seat remains reserved for that user for a rolling period of 30 days from the user's most recent login. Each further login by that user refreshes the 30-day assignment period. During an active assignment period, the Seat may not be used by or reassigned to another individual user. If a user does not log in for 30 consecutive days, the Seat automatically returns to Customer's unassigned Seat pool and may be assigned to another user upon that user's login. Accordingly, the number of users who have logged in during the preceding 30-day period may not exceed the number of Seats purchased.
  • Model availability. Bayescase reserves the right to determine which Seat assignment model is available to Customer. The Rolling Seat Model may be offered at Bayescase's discretion and may require a minimum number of Seats as specified by Bayescase at the time of the Order.
  • Seat compliance. Customer will not, and will not permit any user to, circumvent the Seat limits, assignment rules, or access restrictions set out in this Agreement or the applicable Order, including by sharing login credentials or accounts among multiple individuals. If Bayescase determines that Customer has exceeded the purchased number of Seats through account sharing or other circumvention, Bayescase may retroactively invoice Customer for the additional Seats required to cover the actual number of individual users during the affected period, at the then-current list price. Such amounts are due within 14 days of the invoice date. This is without prejudice to any other rights or remedies available to Bayescase under this Agreement or applicable law, including the right to suspend access under Section 3.
  • Additional Seats; upgrades and downgrades. Customer may purchase additional Seats during a Subscription Term. Additional Seats or other agreed upgrades become effective immediately upon confirmation in the Service or in a written Order and will be charged pro rata for the remainder of the then-current Subscription Term at the rates set out in the applicable Order or otherwise agreed in writing. Reductions in Seat count or other downgrades take effect at the start of the next Subscription Term. Changes between monthly and annual invoicing also take effect from the next Subscription Term unless otherwise agreed in writing.

B. Credit-based subscriptions

Under the Credit-based (project-based) model, access is not limited by the number of Seats and Customer may permit an unlimited number of Authorized Users to use the Service, subject to the Agreement. Instead, usage is measured in credits as set out below and in the applicable Order.

  • Credit allotment; tiers. The applicable Order specifies the plan tier and the number of credits included per Subscription Term (for example, the Team, Growth, Scale, and Enterprise tiers), together with the applicable fee. Included credits are made available at the start of each Subscription Term and, upon renewal, are refreshed for the following term.
  • Credit consumption. Credits are consumed based on project activity — such as creating projects and keeping projects in-flight — at the rates set out in the Documentation and the applicable Order. Certain activity, such as closed, read-only projects, may not consume credits. Bayescase may reasonably update credit consumption rates for new activity on prospective notice.
  • Top-ups. Customer may purchase additional credits at any time at the then-current rate set out in the Documentation or the applicable Order. Purchased credits are added to Customer's balance and are subject to the same terms as included credits, including expiry.
  • Credit expiry. Credits expire after the period set out in the applicable Order or, if no period is expressly stated in the Order, 12 months, calculated from the date they are granted or purchased. Credits are consumed on a first-expiring-first basis. Expired credits lapse automatically, cannot be used, and are non-refundable and non-transferable. Credits have no cash value.
  • Balance exhaustion. Fees for credits are prepaid, non-cancellable, and non-refundable except as expressly stated in this Agreement. If Customer exhausts its credit balance, Customer must purchase additional credits to create new projects or keep projects in-flight; Bayescase may restrict activity that would require credits once the balance is exhausted.
  • Refund of unused credits. If Bayescase terminates the Agreement for a reason not attributable to Customer, discontinues the Service, or if Customer validly terminates for cause due to a material breach attributable to Bayescase, Bayescase will refund the prepaid portion of the fees attributable to credits that are unused and not yet expired. Customer's further claims remain unaffected.
  • Fixed-Term Packages. Bayescase may offer credit-based packages with a fixed term differing from an annual Subscription Term ("Fixed-Term Packages"). For Fixed-Term Packages, the following applies in addition and takes precedence:
    • (i) The term, credit allotment, and scope of use are set out in the applicable Order. Included credits are made available in full at the start of the term.
    • (ii) Fixed-Term Packages do not renew automatically. They end upon expiry of the term specified in the Order without any need for notice of termination; the auto-renewal provisions in Section 5.C do not apply.
    • (iii) Unused credits expire at the end of the term unless the Order provides otherwise.
    • (iv) The credit consumption rates in effect at the start of the term remain unchanged for the duration of the Fixed-Term Package.
    • (v) After expiry of the term, Customer may export its Customer Data for thirty (30) days in accordance with Section 9. Bayescase may provide Customer with limited, read-only access to the Service during that period.
    • (vi) A Fixed-Term Package may be purchased once per Customer and per Affiliate unless the Order provides otherwise.

C. Fees, Billing, Taxes and Renewal (both models)

  • Fees. Fees for the Subscription are set out in the applicable Order. Fees are based on the number of Seats purchased (Seat-based model) or the plan tier and credit allotment (Credit-based model), together with the agreed billing frequency. Where Customer elects annual invoicing, the Order may provide for a discounted rate. Unless expressly stated otherwise in this Agreement or the applicable Order, all fees are non-cancellable and non-refundable.
  • Billing and payment. Fees are due in advance for each Subscription Term. Card payments are processed at purchase and renewal. Invoice payments, where offered, are due within 14 days net from the invoice date. Late amounts may accrue statutory default interest under § 288(2) BGB. Bayescase may charge a reasonable reminder fee where permitted by law and may suspend access to the Service after prior reminder if amounts remain unpaid 10 days after such reminder.
  • Currencies. Unless stated otherwise in the applicable Order, fees are denominated and payable in EUR. If Bayescase agrees to invoice in another currency, the applicable Order will specify that currency. Customer is responsible for any bank charges, transfer fees, or foreign exchange fees.
  • Taxes. Fees are exclusive of VAT and any other applicable taxes, duties, levies, or similar governmental charges, unless expressly stated otherwise. Bayescase will charge VAT where required by law. For intra-EU B2B supplies, the reverse-charge mechanism may apply if Customer provides a valid VAT identification number. For customers outside the EU, Bayescase may collect and remit applicable indirect taxes or similar charges where required by law; otherwise Customer is responsible for any such taxes that it is required to self-assess or pay. Bayescase may update its tax treatment and collection practices where required by applicable law.
  • Auto-renewal; cancellation. Unless otherwise stated in the applicable Order, and subject to the provisions on Fixed-Term Packages in Section 5.B, Subscriptions renew automatically for successive periods equal to the initial Subscription Term unless cancelled in accordance with Section 14 effective as of the end of the then-current Subscription Term. Unless otherwise specified in the Order, renewal will be for the same number of Seats or credit allotment and billing frequency in effect immediately before renewal. No refunds are provided for partial Subscription Terms except as expressly stated in this Agreement.
  • Price changes on renewal. Bayescase may adjust fees with effect from the start of a renewal term. Bayescase will give notice of any adjustment in text form at least sixty (60) days before the start of the renewal term. If the fee increases, Customer may, by way of derogation from Section 14, terminate the Agreement within thirty (30) days of receiving the notice, effective at the end of the current Subscription Term; Bayescase will point out this right in the notice. If Customer does not terminate within that period, the announced fees apply from the start of the renewal term. Fees remain unchanged within a running Subscription Term.
  • Payment processor. Where payments are made by card, payments are processed by Stripe, subject to Stripe's terms and privacy policy. Bayescase GmbH remains the merchant of record.

6. Use of Service; Intended Purpose; Acceptable Use

  • Intended purpose. The Service is designed to support internal business planning, business-case creation, scenario analysis, KPI tracking, forecasting, reporting, and related business decision support. AI Features are assistive tools only: they may propose structures, assumptions, summaries, narrative text, or suggested initiatives, but they do not autonomously act on Customer's behalf and do not replace Customer review and judgment.
  • Customer responsibility. Customer is solely responsible for:
    • reviewing and validating all outputs;
    • deciding whether and how to rely on outputs;
    • ensuring that only appropriately trained and authorized personnel use the Service and AI Features; and
    • using the Service in compliance with applicable law and Documentation.
  • Permitted sector use. Use by customers in regulated or sensitive sectors is permitted only for non-personal, non-consequential strategic planning, budgeting, forecasting, portfolio, project, or operational analysis, and not for decisions about natural persons unless expressly approved by Bayescase in writing.

Customer will not, and will not permit any Authorized User or third party to:

  • (a) decompile, disassemble, or reverse engineer the Service except to the limited extent permitted by mandatory law, including § 69e UrhG;
  • (b) circumvent or disable technical controls, usage limits, or security protections of the Service;
  • (c) probe, scan, or test the vulnerability or security of the Service without Bayescase's prior written consent;
  • (d) upload, transmit, or use unlawful, infringing, deceptive, defamatory, discriminatory, or harmful content, including malware;
  • (e) overload, disrupt, or interfere with the Service or related infrastructure;
  • (f) publicly benchmark the Service or misrepresent performance benchmarks without Bayescase's prior written consent;
  • (g) use the Service in safety-critical environments where failure could reasonably lead to death, personal injury, or severe environmental or property damage, including operation of medical or life-support systems, nuclear facilities, or aircraft navigation/communication systems;
  • (h) use the Service or AI Features to evaluate, score, profile, monitor, rank, or materially support decisions about natural persons in connection with:
    • recruitment, hiring, promotion, termination, compensation, performance evaluation, worker monitoring, or task allocation;
    • access to self-employment;
    • admission to or assessment in education or vocational training;
    • consumer creditworthiness, consumer lending, or debt collection;
    • underwriting or pricing of life or health insurance for natural persons;
    • eligibility for essential private or public services or benefits;
    • law enforcement, criminal-risk assessment, migration, asylum, border control, or administration of justice;
  • (i) use the Service or AI Features for any Prohibited AI Use or High-Risk Use Case without Bayescase's prior written approval and, where required, a separate written agreement;
  • (j) use outputs from AI Features as the sole basis for material decisions without meaningful human review;
  • (k) input special categories of personal data, children's data, biometric data, genetic data, or government-issued identifiers into AI Features unless strictly necessary, lawful, and expressly permitted under the Agreement and DPA;
  • (l) remove, obscure, or misrepresent any AI-related notice, disclosure, marker, or metadata applied by the Service to outputs where preserving such notice is reasonably practicable and legally required or recommended;
  • (m) use the Service in a manner inconsistent with the Documentation or that would reasonably change the intended purpose of the Service into a prohibited or high-risk AI use case.
  • Competitor restriction. Customer will not access the Service for purposes of monitoring its availability, performance, or functionality, or for benchmarking or competitive purposes, and will not permit access by a direct competitor of Bayescase without Bayescase's prior written consent.
  • Rate limits. AI Features are subject to usage limits. Bayescase may reasonably apply or adjust usage limits, quotas, or throttling measures for service stability, abuse prevention, legal compliance, and security.
  • Monitoring. Bayescase may monitor use of the Service using limited service telemetry and security logs to ensure compliance, security, abuse prevention, billing accuracy, and service stability.
  • Enforcement. Bayescase may suspend or restrict access to the Service or AI Features immediately if Bayescase reasonably believes Customer is using the Service in violation of this Section, applicable law, third-party provider terms binding on Bayescase, or Documentation.

7. Intellectual Property; Feedback; AI Inputs/Outputs; Open Source

  • Bayescase IP. The Service, software, and Documentation are owned by Bayescase or its licensors. No rights are granted except as expressly stated.
  • Customer Data. Customer retains all rights in Customer Data. Customer grants Bayescase a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data as necessary to provide and support the Service, perform security/backup/maintenance, and prevent fraud or abuse.
  • Outputs. As between the parties and to the extent permitted by law, Customer owns Outputs generated through the Service from Customer's inputs. Customer grants Bayescase a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and export Outputs as necessary to provide and support the Service to Customer. Customer is solely responsible for reviewing, validating, and deciding whether to rely on Outputs. Outputs may be inaccurate, incomplete, or unsuitable for Customer's intended purpose and must not be treated as legal, tax, accounting, employment, insurance, credit, or regulatory advice.
  • Service and model improvement; right to object.
    • (i) Bayescase processes Customer Data and Outputs as necessary to provide, secure, and support the Service for Customer.
    • (ii) In addition, Bayescase may derive anonymized and aggregated data from Customer Data and Outputs and use it to improve Bayescase's own models, algorithms, and product features. Anonymization takes place before any such use. No inference as to Customer, individual projects, business transactions, or natural persons is possible; anonymized data is no longer subject to the GDPR.
    • (iii) Bayescase does not use Customer Data, inputs, prompts, or Outputs in identifiable form to train models and does not make them available to third parties for training purposes. Third-party foundation models are not trained on Customer content.
    • (iv) Customer may object to the use described in (ii) at any time, without giving reasons and without any reduction in the functionality available to Customer — via account settings in the Service or by notice in text form to info@bayescase.com. The objection takes effect prospectively from the time Bayescase processes it, and no later than 30 days after receipt.
    • (v) The applicable Order may provide that the use described in (ii) is disabled from the start of the Subscription Term.
  • Usage and Aggregated Data. We may generate and use de-identified Usage Data and Aggregated Data for analytics, capacity planning, service improvement, and benchmarking, provided it does not identify Customer or any natural person.
  • AI-generated content notices. Where the Service applies notices, labels, or machine-readable markers indicating that content was generated or materially transformed using AI Features, Customer should preserve those notices or markers when externally sharing such content where reasonably practicable.
  • Feedback. Customer grants Bayescase a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate feedback without restriction.
  • Open source. The Service may include open source components subject to their respective licenses, which govern those components. Our open source notices are available at: https://bayescase.com/oss-notices.

8. Confidentiality

Each party will protect the other's Confidential Information using at least reasonable care and use it only to perform this Agreement. Exceptions apply to information that is public, already known, independently developed, or lawfully obtained from a third party. Legally compelled disclosure is permitted with prompt notice where lawful. These obligations survive for 5 years; for trade secrets, as long as they remain trade secrets.

9. Data Protection and Security

  • Roles. For Customer personal data processed within the Service on Customer's behalf, Customer is controller and Bayescase is processor. For account administration, billing, service communications, security telemetry, and similar data processed by Bayescase for its own operational purposes, Bayescase is controller as described in its Privacy Policy.
  • DPA. The parties enter into the DPA at https://bayescase.com/dpa, which is incorporated by reference and prevails over these Terms and the Order regarding personal data processing. The DPA includes the EU Standard Contractual Clauses (SCCs) to the extent required for international transfers and describes technical and organizational measures.
  • Data residency and transfers. Bayescase primarily hosts and processes Customer Data in the EU/EEA, including AWS eu-central-1 (Frankfurt). Certain processing of inputs, context, and outputs relating to AI Features may be performed by Bayescase's AI subprocessors outside the EU/EEA, including in the United States. Where required, such transfers are subject to appropriate safeguards under Chapter V GDPR, including the EU Standard Contractual Clauses and supplementary measures as described in the DPA.
  • AI processing limitations. Bayescase configures AI Features to operate as assistive functions requested by Customer. Bayescase does not use prompt or output content submitted through AI Features for generalized model training or to train third-party foundation models. Any use of anonymized and aggregated derivatives to improve Bayescase's own models is governed exclusively by Section 7, including the right to object set out there. Bayescase may process limited service metadata relating to AI requests for service delivery, security, billing, and abuse prevention as described in this Agreement and the Privacy Policy.
  • Sub-processors. Our current sub-processors are listed at https://bayescase.com/subprocessors. We will provide at least 30 days' notice of changes with an objection mechanism per the DPA. If a material objection cannot be resolved, Customer may terminate the affected Service and receive a pro rata refund for the prepaid, unused portion.
  • Security. We implement industry-standard technical and organizational measures, including encryption in transit (TLS 1.2+) and at rest (e.g., AES-256), access controls, and regular backups. Keys are managed using cloud-native key management services in our primary region. We do not currently hold ISO/SOC certifications. Bayescase aligns its practices with recognized security standards and will inform Customer if it obtains such certifications.
  • Content minimization. Customer is responsible for configuring and using the Service in a manner appropriate to the sensitivity of its data. Customer should avoid submitting unnecessary personal data and should not submit special categories of personal data, children's data, biometric data, genetic data, or similar highly sensitive data to AI Features unless expressly authorized in writing by Bayescase.
  • Incidents. We will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data, as set out in the DPA.
  • Portability, deletion, backups. During the Subscription Term and for 30 days thereafter (provided all fees due are paid), Customer may export Customer Data via the Service or upon request. After that period we will delete Customer Data from active systems and schedules, subject to legal retention and standard rolling backups (with maximum retention of 35 days).

10. Service Availability; Maintenance; Support

  • Availability. We aim to provide high availability. No separate service level agreement (SLA) currently applies; SLAs may be agreed for Enterprise by Order.
  • Support. Support is available on business days (Germany) from 09:00–17:00 German local time (CET/CEST) via email, in-app, and website contact form. We use commercially reasonable efforts to respond to support requests within two business days; this is a non-binding target.
  • Maintenance. We will give at least 48 hours' prior notice for planned downtime expected to exceed 30 minutes, where feasible. Emergency maintenance may occur without notice.

11. Third Party Services and Integrations

The Service may interoperate with Third Party Services (e.g., identity providers, data sources). Customer's use of Third Party Services is governed by those providers' terms. We do not control and are not responsible for Third Party Services. Customer will comply with the acceptable use policies of our AI provider(s) and other Third Party Services used by Customer with the Service. Customer acknowledges that certain AI Features may depend on third-party AI providers selected by Bayescase, and Customer will not use the Service in a way that would cause Bayescase or its providers to breach applicable law or binding provider use restrictions.

12. Professional/Financial and AI-Specific Disclaimers

  • The Service provides modeling and analytical tools only. It does not constitute financial, investment, accounting, tax, or legal advice and is not intended for statutory audit, regulatory filings, or investment recommendations. Customer is responsible for verifying assumptions, inputs, and outputs and for decisions made based on the Service.
  • AI-specific. The Service includes features that generate content automatically using artificial intelligence. Such outputs are provided for informational purposes only and may be inaccurate, incomplete, or inappropriate for a particular use case. Bayescase does not warrant the accuracy, completeness, or suitability of AI-generated outputs and disclaims any obligation to verify them. We do not promise that Outputs are unique or free from third-party rights. Customer remains solely responsible for reviewing, validating, and determining the appropriateness of any outputs before relying on them, including for business, legal, or regulatory purposes. AI-generated outputs do not constitute professional advice and shall not be relied upon as such.

13. Modifications to the Service and to these Terms

  • Service changes. We may modify features, functions, and the user interface. We will not materially reduce core functionality of a paid plan during a Subscription Term without providing substantially equivalent functionality.
  • Terms changes. We may amend these Terms. For material, adverse changes, we will give at least 30 days' notice by email or in-app. If Customer objects before the effective date of the change, the Agreement continues under the prior Terms until the end of the then-current Subscription Term, after which it will terminate unless the parties agree otherwise. Continued use after the change takes effect constitutes acceptance of non-material changes.

14. Term; Termination; Suspension

  • Term. The Agreement starts on the Effective Date and continues for the Subscription Term, renewing per Section 5.
  • Termination for convenience. Either party may terminate the Agreement effective at the end of the then-current Subscription Term, giving seven (7) days' notice for monthly Subscription Terms and thirty (30) days' notice for annual Subscription Terms, in each case prior to the end of the term. Customer may terminate via in-app cancellation or in text form. If no timely notice is given, the Subscription Term renews in accordance with Section 5.C. This paragraph does not apply to Fixed-Term Packages under Section 5.B, which end upon expiry of their term without any need for notice of termination. Fees already paid are non-refundable except as expressly provided in this Agreement.
  • Termination for cause. Either party may terminate for material breach not cured within 30 days of written notice, or immediately where cure is not reasonably possible. Either party may terminate if continued provision or use of the Service would violate applicable law, sanctions/export controls, or third-party terms binding on the terminating party.
  • Insolvency. Either party may terminate immediately upon the other party's insolvency, suspension of payments, application for or opening of insolvency proceedings, or similar events under applicable law.
  • Suspension. We may suspend the Service immediately for security risks, unlawful content, or non-payment, with prompt notice and reinstatement upon cure.
  • AI compliance suspension. Bayescase may suspend or restrict access to all or part of the Service immediately if Bayescase reasonably determines that Customer's use of the Service or AI Features presents a material risk under applicable AI, data protection, anti-discrimination, or other regulatory law, or would likely place Bayescase or its subprocessors in breach of applicable law or binding third-party provider terms.
  • Effect. Access ends upon termination. We will retain Customer Data for 30 days for export upon request, then delete per Section 9. Post-termination export is conditioned on payment of all undisputed fees then due.

15. Indemnification

  • Procedure. The indemnified party will promptly notify the indemnifying party of a claim, grant it control of the defense and settlement, and provide reasonable cooperation at the indemnifying party's expense. The indemnified party is entitled to participate in the defense at its own expense. The indemnifying party may not settle a claim that imposes obligations on or admits fault by the indemnified party without its prior written consent (not to be unreasonably withheld). Mandatory procedural requirements remain unaffected.
  • Customer indemnity. Customer will indemnify and defend Bayescase and its Affiliates against third-party claims to the extent such claims arise from (a) Customer Data infringing third-party rights or violating applicable law, or (b) Customer's or an Authorized User's culpable use of the Service in breach of this Agreement. Recoverable amounts comprise the resulting damages and the necessary costs of legal defense and enforcement finally awarded or agreed in a settlement coordinated with Bayescase. The indemnity does not apply, or is reduced accordingly, to the extent Bayescase contributed to or shares fault for the claim; § 254 BGB applies mutatis mutandis.
  • Bayescase IP indemnity. We will defend and indemnify Customer against third-party claims that the Service (excluding Customer Data, Outputs, configurations, and Third Party Services), when used as permitted, directly infringes a patent, copyright, or trademark or misappropriates a trade secret. If such a claim arises, we may (i) procure rights, (ii) modify the Service to be non-infringing, or (iii) terminate the affected subscriptions and issue a pro rata refund for the unused term. We have no obligation for claims resulting from combinations not provided by us, Customer modifications, or use contrary to the Documentation. For clarity, we do not indemnify for claims based on AI-generated Outputs.

16. Warranties; Disclaimers; Limitation of Liability (German law)

Warranties (paid plans). We warrant that the Service will substantially conform to the Documentation and will be provided with reasonable skill and care. Customer's exclusive remedies are support, repair, workaround, or, if not cured within a reasonable time, termination with a pro rata refund for the affected subscription. In the event of third-party IP claims under Section 15, we may provide functionally equivalent features.

Scope of warranty. Beyond the warranty set out above, Bayescase makes no further representations. In particular, Bayescase does not warrant that the Service will be available uninterrupted or error-free, that all errors will be corrected, or that use of the Service will produce any particular commercial result sought by Customer. Customer's statutory remedies for defects remain unaffected.

For the free trial and for features designated as "beta", "preview", or similar, the Service is provided on an as-available basis and without warranty, to the extent permitted by law.

Liability:

  • Strict liability: Bayescase's strict liability, irrespective of fault, for defects existing at the time the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded. The liability provisions below and Customer's statutory remedies for defects remain unaffected.
  • Unlimited: We are liable without limitation for intent (Vorsatz), willful misconduct, injury to life, body, or health, claims under the Product Liability Act, fraudulent concealment, and where we have assumed a guarantee (Garantie).
  • Gross negligence: We are liable per statutory law.
  • Simple negligence: We are liable only for breach of cardinal obligations (Kardinalpflichten), meaning obligations whose fulfilment enables proper performance of the Agreement and on which Customer may regularly rely. In such cases, liability is limited to foreseeable damages typical for this type of contract. For paid plans, our aggregate liability for all events in a contract year is capped at the fees paid by Customer for the Service in the 12 months preceding the first event giving rise to liability.
  • Indirect damages and data loss: To the extent permitted by law and subject to the foregoing bullet points, we are not liable for lost profits, loss of business, or other indirect/consequential damages, nor for loss or corruption of data to the extent such loss could have been avoided by reasonable backup measures by Customer (this does not limit liability for intent or gross negligence).
  • Free/beta use: For free use during the Trial Period and for features designated as "beta", "preview", or similar, we are liable only for intent and gross negligence and as otherwise mandatory by law.
  • The foregoing applies to our legal representatives, employees, and vicarious agents.

17. Set-off; Retention; Assignment

  • Customer may set off or exercise a right of retention only with claims that are undisputed or finally adjudicated.
  • Neither party may assign the Agreement without the other's consent, except to an Affiliate or in connection with a merger, change of control, or sale of substantially all assets, provided the assignee assumes all obligations and is not a direct competitor of the other party.

18. Export and Sanctions Compliance

Customer will comply with applicable export control and sanctions laws of the EU and other applicable jurisdictions and will not permit access to the Service from embargoed countries or by restricted parties.

19. Publicity

We may use Customer's name and logo in customer lists, websites, and marketing materials. Customer may opt out at any time by notice. Any press releases or detailed case studies require Customer's prior written consent.

20. Governing Law; Venue; Language

This Agreement is governed by the laws of Germany, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive venue is Mannheim, Germany.

This Agreement is made available in German and English. For contracts concluded on the basis of the German version, the German version prevails; for all other contracts, the English version prevails. The applicable Order may specify a different controlling language version.

21. Notices; Electronic Communications; E-Signatures

  • Notices may be given by email to the contacts specified in the Order or to the admin email of Customer's account, or via in-app notification.
  • Notices take effect upon receipt. A notice sent by email or in-app notification is deemed received once it has entered the recipient's sphere of control, in case of doubt on the next business day in Germany after sending, provided the sender receives no non-delivery notification. For terminations and other declarations with legal effect, proof of actual receipt remains unaffected. Customer is responsible for keeping the contact addresses on file up to date.
  • The parties agree that click-through acceptance and electronic signatures satisfy written form requirements under § 126b BGB.

22. Miscellaneous

  • Force Majeure. Neither party is liable for delays or failure due to events beyond its reasonable control.
  • Severability; No Waiver. If any provision is invalid, the remainder remains effective. Failure to enforce any provision is not a waiver.

23. Contact; Imprint

Bayescase GmbH
Julius-Hatry-Straße 1, 68163 Mannheim, Germany
info@bayescase.com
Imprint: https://bayescase.com/imprint