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Terms of Service

Effective Date: Nov 05, 2025

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).

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.
  • Outputs: results, content, and other material generated by the Service from inputs provided by Customer or its Authorized Users, including through AI features.

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. Trial and Beta Services

  • Beta trial. The beta trial runs until 30 December 2025 unless extended by Bayescase by notice (Trial Period). During the Trial Period, the Service is provided free of charge, as-is and as-available, without support, service levels, warranties, or indemnities. We may modify or discontinue beta features at any time.
  • End of trial; go live. Before ending the Trial Period, we will provide at least 14 days' notice and offer reasonable data export options. To continue using the Service thereafter, Customer must add a valid payment method (card) or submit a purchase order for Enterprise. If payment details are not provided by the end of the Trial Period, we may suspend the Service; access may be reactivated upon payment.
  • Beta outreach. As a condition of free beta access during the Trial Period, Customer permits Bayescase to contact Customer's account contacts and authorized users with non promotional feedback requests (e.g., surveys, research invitations) and service related updates via in app messages and email (phone/video only if scheduled). Participation is optional, but receipt of such communications is required; if Customer or a user objects, Bayescase may end free beta access for the account/user. Processing is based on Art. 6(1)(b) and (f) GDPR; see our Privacy Policy. Feedback may be used to improve the Service without obligation to Customer; no promotional marketing is sent under this clause
  • Free/beta liability. For free/beta use, our liability is limited as described in Section 16.3.

5. Subscriptions, Plans, Fees, Taxes, Renewal

Plans and pricing (EUR, excl. VAT unless stated otherwise):

  • Individual (1 user): €230/month on monthly plan; or €190/month when billed annually.
  • Team (up to 5 named users): €870/month on monthly plan; or €740/month when billed annually.
  • Enterprise (6+ users): custom pricing per Order.
  • Named users; seats. Plans are based on named users. Customer may reassign seats among individuals; we may restrict reassignment if used to circumvent plan limits or done excessively. Additional seats or plan upgrades are effective immediately upon confirmation in the Service or by Order.
  • Upgrades/downgrades; proration. Upgrades (additional seats or higher plan) are charged pro rata for the remainder of the then-current term at the then-current price and take effect immediately. Downgrades (fewer seats or lower plan) take effect at the start of the next Subscription Term. Switching between monthly and annual billing applies from the next term.
  • Billing and payment. Fees are due in advance for each Subscription Term. Card payments are processed at purchase/renewal. Invoice payments (usually Enterprise) are due within 14 days net of invoice date. Late amounts may accrue statutory default interest under § 288(2) BGB. We may charge a reasonable reminder fee where permitted by law and may suspend the Service after prior reminder if amounts remain unpaid 10 days after the reminder.
  • Currencies. Unless stated otherwise in the Order or checkout, fees are denominated and payable in EUR. We may offer pricing and billing in other currencies (e.g., USD, GBP); if so, the Order will specify the applicable currency and taxes. Customer is responsible for any bank or FX fees.
  • Taxes. Prices exclude VAT and other applicable taxes. We will charge VAT to German customers and, where required, to customers in other jurisdictions. For intra-EU B2B supplies, the reverse-charge mechanism may apply if a valid VAT ID is provided. For non-EU customers (e.g., UK, US, CA), we may collect and remit applicable taxes/withholdings if required by law; otherwise Customer is responsible for any self-assessed taxes. We may update our tax collection practices as our obligations change.
  • Auto-renewal; cancellation. Subscriptions renew automatically for successive terms equal to the initial term (monthly or annually) unless cancelled effective the end of the then-current term. No refunds for partial terms except as expressly stated in this Agreement.
  • Price changes. We will notify Customer of price changes at least 30 days before renewal. Changes take effect on renewal; Customer may cancel to avoid renewal at the changed price.
  • Payment processor. Payments are processed by Stripe, subject to their terms and privacy policy. Bayescase GmbH is the merchant of record.

6. Use of Service; Acceptable Use

Customer will use the Service solely for lawful business purposes and in accordance with the Documentation. Customer will not:

  • (a) decompile or reverse engineer except as permitted by § 69e UrhG;
  • (b) circumvent technical controls;
  • (c) probe or test security without our prior written consent;
  • (d) upload unlawful, infringing, or harmful content, including malware;
  • (e) overload or interfere with the Service;
  • (f) misrepresent performance benchmarks or publicly benchmark the Service without our prior written consent;
  • (g) use the Service in high-risk environments where failure could lead to death, personal injury, or severe environmental or property damage (including operation of medical or life-support systems, nuclear facilities, aircraft navigation/communication systems, or other safety-critical systems).
  • Competitor restriction. Customer will not access the Service for purposes of monitoring its availability, performance, or functionality, or for any benchmarking or competitive purposes, and will not permit access by a direct competitor of Bayescase without our prior written consent.
  • Rate limits. AI features are subject to usage limits. By default, no more than 50 AI requests per Authorized User per day are permitted (aggregated across features). We may reasonably adjust limits for service stability or abuse prevention by notice.
  • We may monitor use to ensure compliance, security, and service stability, and may throttle or suspend abusive use after reasonable notice where practicable.

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, and display Outputs as necessary to provide and support the Service to Customer. Customer is responsible for verifying Outputs and for any decisions made based on the Service.
  • Model training use; opt-out. To improve and develop the Service, Bayescase may use Customer Data and Outputs to train, fine-tune, or otherwise improve algorithms, models, and features (Model Training Use). Customer may opt out of Model Training Use at any time by notice or through settings; we may offer an opt-out plan at different pricing. Model Training Use will be conducted in accordance with the DPA and applicable data protection law; where personal data is involved, Bayescase relies on its legitimate interests to improve the Service, applies appropriate safeguards (including de-identification where feasible), and honors Customer's opt-out.
  • 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.
  • 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 within the Service, Customer is controller and Bayescase is processor. For account/billing/communications data and for Model Training Use where Bayescase determines purposes and means, Bayescase is controller.
  • DPA. The parties enter into the DPA at https://bayescase.com/dpa, which is incorporated by reference and prevails over these Terms 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. We primarily host and process Customer Data in the EU/EEA (AWS eu-central-1, Frankfurt). During the Trial Period and until we complete migration to Azure OpenAI in an EU region, certain processing of Inputs and Outputs by our AI provider may occur outside the EU/EEA (currently the United States). Such transfers are subject to appropriate safeguards under Chapter V GDPR, including SCCs and supplementary measures as described in the DPA. We will notify Customers when EU-only processing of AI features is available and will provide a configuration option to restrict processing to the EU/EEA thereafter.
  • 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.
  • 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 CET 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.

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. AI features are probabilistic and may produce incorrect, incomplete, or offensive Outputs. Customer must review Outputs and must not rely on them without independent verification. We do not promise that Outputs are unique or free from third-party rights. Customer is responsible for ensuring that its prompts/inputs and use of Outputs comply with applicable law and third-party rights.

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, 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 effective date 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. Customer may cancel effective at the end of the current term via in-app cancellation. Fees paid are non-refundable except as expressly provided herein.
  • 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.
  • 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 sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party's 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).
  • Customer indemnity. Customer will defend and indemnify Bayescase and its Affiliates against third-party claims arising from (a) Customer Data (including alleged infringement or violation of law), or (b) use of the Service in breach of this Agreement, and will pay resulting damages, costs, and reasonable attorneys' fees finally awarded or agreed in settlement.
  • 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.

Disclaimers. Except as expressly stated, the Service is provided as-is and as-available, without warranties of any kind.

Liability:

  • 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)—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/beta use during the Trial Period, 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. The controlling language of this Agreement is English. If we provide translations, the English version prevails.

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 are deemed received on the next business day in Germany after sending.
  • 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.
  • Order of Precedence; Changes. See Sections 1 and 13.

23. Contact; Imprint

Bayescase GmbH (in formation)
Attn: Legal
Julius-Hatry-Straße 1, 68163 Mannheim, Germany
info@bayescase.com
Imprint: https://bayescase.com/imprint