Terms of use of Blockbrain GmbH
Last Updated: January 01, 2024
Welcome and thank you for your interest in our Knowledge Bots, which act as intelligent digital assistants for your business. These Terms of Use (“Terms”) govern your (“you”, “User”) use of our Service. These Terms constitute a legally binding contract between you and Blockbrain GmbH (“Blockbrain”, “we”) regarding your use of the Service. General terms and conditions of the User are not part of the contract.
1. subject matter of the contract
You conclude a contract for the use of the services. “Services” are all services that we provide under into.theblockbrain.ai or a customer-specific subdomain to be defined for registered users as part of a “Software as a Service”. Blockbrain enables the user to access the services via the Internet. The user uses the services by transferring questions/chat lines with data to be processed online via an interface to an individual instance on the Blockbrain host computer system, performing the desired processing with the services (creating an answer) and transmitting the answer back to the user online via an interface. At the customer’s request, we can integrate the knowledge bots into their own website or other software via an interface (“API”).
The services include so-called knowledge bots, i.e. chatbots based on AI technology that generate answers to user questions on the basis of stored documents. In order for the bots to be able to generate answers to user queries based on company-specific documents, these documents must first be uploaded to a self-compiled knowledge database. This should enable the chatbots to provide customized support based on the company’s individual needs, which can help to increase operational efficiency. The knowledge bots respond automatically and without the involvement of a natural person. The chatbots are used to communicate with you like a natural conversation partner. Natural Language Processing (NLP) technology enables our knowledge bots to understand natural human language and generate natural language responses. Blockbrain performs extensive data pre-processing in order to generate high quality and correct answers. Through several transformation steps, unstructured data is converted into a structured form and processed in special database systems such as vector and graph databases, which can be used effectively by the knowledge bots and AI models. Since the services are based on “artificial intelligence” models that automatically generate answers to questions, the services can only provide answers that are possible based on the model’s training data. It is also possible that the content of the answers generated may not always be correct. Rather, the answers of the services are based on probability calculations. It is imperative to subject the results of the services to a human review before implementation. The services are not intended to provide the user with information that they can accept without checking. This is in the nature of a knowledge bot as a non-human communication partner.
The knowledge bots do not initially request any personal data, but only process such data if you provide it yourself during a conversation.
Blockbrain provides the user with computer capacity with which the services are hosted. The services have a standard availability of 98% on an annual average. Excluded from this are times for regular maintenance of the Services, which is only possible in offline mode, as well as times when the Services are not available due to force majeure or other problems beyond Blockbrain’s control.
In addition to using the services, we also offer workshops that teach you how to use and adapt the knowledge bots optimally.
Finally, we offer consulting and individual support to help you identify, prioritize and implement your specific use cases. We also offer expert support for managers to increase their efficiency in their daily work by explaining how they can make optimal use of the functionalities of knowledge bots.
2. authorization for use
We only make the services available to companies. Consumers cannot use the Services. Blockbrain grants the Licensee a worldwide non-exclusive right, limited to the term of this Agreement, to access the Software for the contractual purpose in accordance with the selected service package.
3. user accounts and registration
Each customer receives one or more “Admin Seats”, according to the selected service package, whose user then manages the access of all other employees of the customer. Each user is responsible for the security of their account and the confidentiality of their access data. Unauthorized use must be reported to Blockbrain immediately.
4. remuneration and terms of payment
The consideration for the use of the services (“remuneration”) is set out in the current price list. The remuneration shall be invoiced monthly and paid using the payment method selected by you. The remuneration is exclusive of any applicable statutory VAT. 30 days after sending the invoice, you will be in default and owe Blockbrain default interest at a rate of 9 percentage points above the base interest rate.
5 Term and termination
5.1 Duration
The contract is concluded upon our acceptance of your offer to conclude a contract and runs for an indefinite period.
5.2 Termination
The notice period is three months to the end of the year. You can send your notice of termination to info@theblockbrain.ai. The right to extraordinary termination remains unaffected. In particular, we have the right to extraordinary termination if you materially breach a provision of these terms and conditions and continue to breach them despite a warning.
5.3 Effects of termination
Upon termination of the Agreement (a) your authorization to use the Services will terminate and you must stop using the Service immediately; (b) you are no longer authorized to access your Account or the Service.
6. exemption
To the extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Blockbrain and its officers, directors, employees, consultants, affiliates, subsidiaries and agents against any claim brought or threatened by a third party and any related liability, damages, losses and costs, including reasonable attorneys’ fees and costs, arising out of or relating to (a) your unauthorized use or misuse of the Service; (b) your violation of any part of these Terms, any representation, warranty or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any copyright, confidentiality, proprietary or privacy right; or (d) any dispute or issue between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligations (without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
7 Intellectual property; copyrights
The Services contain visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), and other elements that are protected by copyright and other laws. Blockbrain alone is entitled to the rights of use under copyright law. Infringements will be prosecuted.
8. prohibited behavior
You undertake not to use the Services:
a. violate the laws or rights of third parties;
b. Disrupt the functions of the services
c. attempt to decompile the source code of the services
d. carry out fraudulent activities, including the faking of false identities;
e. attempt or participate in or support any of the acts described in this section.
9. infringement of third-party rights
Blockbrain respects the intellectual property of others and takes its protection very seriously. If you believe that any material on the Services infringes your intellectual property rights, please email info@theblockbrain.ai immediately.
10. material defects and defects of title
In the event of material defects, Blockbrain is entitled to decide at its own discretion whether a defect should be remedied or whether an alternative solution (workaround) should be provided. Otherwise, the statutory provisions apply.
In the event of a malfunction of the server operation or the communication connection, the User shall contact Blockbrain and indicate how the malfunction manifests itself, its effects, the circumstances under which it occurs and how it is to be classified. Upon receipt of the fault report, the troubleshooting team will begin processing the fault according to the classification within the following deadlines and rectify the fault or provide appropriate workaround solutions. The classification is based on the following criteria:
Critical/Major: 1 working day (Mon-Fri)
The system cannot be used by at least a majority of users (system downtime).
Examples:
No connection to the server can be established.
It is not possible to send or receive messages.
Login or registration is not possible.
Normal: 3 working days (Mon-Fri)
A minority of users cannot use the software or can only use it to a limited extent. Examples:
- A single function is not available or only poorly available
- The display does not work properly on some pages, so that operation is limited, but not impossible
- Sent messages are not complete and are cut off at the end
Trivial: 10 working days (Mon-Fri)
There are minor problems, but these are only noticed by a minority of users or only make usability slightly more difficult.
Examples:
- Spelling mistakes
- Color adjustments
- the login does not work in 100% of cases, but on the second or third attempt everyone can log in
- Font sizes or control elements on the page are shifted or changed in such a way that they make operation significantly more difficult
11. limitation of liability
Blockbrain is liable without limitation for intent, gross negligence and in the event of culpable injury to body, life or health as well as under the Product Liability Act. Blockbrain is liable for damages caused by breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the User may regularly rely) by Blockbrain, one of its legal representatives, executives or vicarious agents with only simple negligence to legal interests other than life, body or health, only in the amount of the foreseeable damage typical for the contract. Otherwise, the liability of Blockbrain, one of its legal representatives, executives or vicarious agents is excluded.
12. force majeure
Events or circumstances of force majeure that prevent the performance of a service shall release the party affected from its obligations for the duration and scope of the hindrance. “Force majeure” means the occurrence of an event or circumstance which prevents a party from performing one or more of its obligations under the contract if and to the extent that the party affected by the impediment proves that such impediment is beyond its reasonable control; and it could not reasonably have been foreseen at the time of the conclusion of the contract; and the effects of the impediment could not reasonably have been avoided or overcome by the affected party. This includes war (declared or undeclared), hostilities, aggression, acts of foreign enemies, large-scale military mobilization; civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; currency and trade restrictions, embargo, sanctions; Lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization; plague, epidemic, natural disaster or extreme natural event; explosion, fire, destruction of equipment, prolonged breakdown of means of transport, telecommunications, information systems or energy; general industrial unrest such as boycotts, strikes and lockouts, slowdowns, occupation of factories and buildings.
The party affected by an event of force majeure is obliged to make every reasonable effort to minimize the effects of the force majeure as far as possible.
Events and circumstances that were foreseeable at the time the contract was concluded, insolvencies or delays in deliveries and services by Blockbrain’s suppliers or vicarious agents as well as a lack of financial resources on the part of the user are not considered force majeure.
The contracting parties shall inform each other immediately of any force majeure circumstances.
13 General provisions
These Terms constitute the entire and exclusive understanding and agreement between you and Blockbrain regarding your use of the Services. You may not assign or transfer this Agreement in whole or any right or interest, in whole or in part, without our prior written consent.
14 Applicable law
German law shall apply, with the exception of the conflict of laws and the CISG. The exclusive place of jurisdiction is Stuttgart. Blockbrain may also take legal action against the User at its registered office.
15. data protection
You can find our privacy policy here.
16. contact information
If you have any questions, please contact our customer service: info@theblockbrain.ai.
