Terms of use of Blockbrain GmbH – Cortex

Last Updated: February 01, 2024

Welcome and thank you for your interest in our Knowledge Bots, which act as intelligent digital assistants for you. 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 run.theblockbrain.ai, into.theblockbrain.ai 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 an annual average availability of 98%. This excludes 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

The Knowledge Bots are available to all users who register on our platform. By registering, you receive the right to access and use the services. Blockbrain grants the user a worldwide, non-exclusive right, limited to the term of this contract, to access the software for the contractual purpose in accordance with the selected service package.

3. user accounts and registration

A personal user account must be created in order to use the Knowledge Bots. 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 Prices and terms of payment

The free version of our services can be used without payment. For premium functions, payment is based on the current price list on our website. Payment is made in advance by credit card or other payment methods offered. Billing is either monthly or annually. All prices include the statutory value added tax.

4a. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (Blockbrain GmbH, Marienstraße 37, 70178 Stuttgart, E-Mail: support@theblockbrain.ai) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

By activating your Premium Access and immediately accessing our digital services, you expressly agree that we may commence performance of the contract before the expiry of the withdrawal period and confirm that you are aware that you lose your right of withdrawal as a result of this agreement.

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us)

To: Blockbrain GmbH, [Adresse], E-Mail: support@theblockbrain.ai

I/we () hereby revoke the contract concluded by me/us () for the provision of the following service:

  • Ordered on:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only for notification on paper):
  • Date:

(*) Delete as appropriate

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 free version can be terminated at any time without notice. Premium subscriptions can be canceled at any time and run until the end of the paid period. Cancellation can be made via your user account or by sending an email to support@theblockbrain.ai. After canceling a premium subscription, you can continue to use the free version. We reserve the right to block or delete accounts in the event of violations of our terms of use.

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.

5.4 Data after the end of the contract

After your Premium subscription ends, you have a 30-day transition period with read access to all your data. After this period, data that exceeds the limits of the free version will be archived for a further 90 days. During this time, you can regain full access by reactivating your Premium subscription. You can export your data at any time via your user account. After the archiving period has expired, excess data is automatically deleted.

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.

f. use our services for automated queries, data scraping or other abusive activities.

Blockbrain reserves the right to block access to the Services in the event of violations of these Terms.

9. infringement of third-party rights

Blockbrain respects the intellectual property of others and takes its protection very seriously. When using our services, content may be displayed that is subject to ancillary copyright or other copyrights. Users are required to use such content only as permitted by law and not to reproduce or distribute copyrighted content without permission. If you believe that any material on the Services infringes your intellectual property rights, please send an e-mail immediately to support@theblockbrain.ai.

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 department 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 assumes no liability for the accuracy, completeness or availability of the information provided through our services. The use of our services is at the user’s own risk. Blockbrain is not liable for damages resulting from the use of third-party services. 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 contract-typical, foreseeable damage. 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 a force majeure event 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 when the contract was concluded, insolvencies or delays in the deliveries and services of 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 circumstances of force majeure.

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. Blockbrain reserves the right to change these Terms of Use at any time. Users will be informed of significant changes and have the opportunity to object to the amended terms. Continued use of the Services after the changes come into effect shall be deemed to constitute acceptance of the amended terms.

15. data protection

You can find our privacy policy here.

16. contact information

If you have any questions, please contact our customer service: support@theblockbrain.ai.