Terms of Service

Terms of Use for the Use of the AI App ("Linoris")

By registering for or using "Linoris", provided by

Sapericus GmbH
Roßhaldeweg 8
79100 Freiburg

(hereinafter the "Provider")

you accept the following Terms of Use. These thereby become part of the contract concluded between you and Sapericus GmbH.

1. Scope of Application

1.1 These Terms of Use (hereinafter the "Terms") govern all contractual relationships between you (hereinafter the "User") and Sapericus GmbH (hereinafter the "Provider") with respect to the use of the AI app "Linoris" (hereinafter the "App") as well as all associated services.

1.2 A consumer within the meaning of these Terms is any natural person who uses this App predominantly for private purposes. An entrepreneur is any natural or legal person who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

1.3 Provisions deviating from these Terms shall apply only if they have been confirmed in writing by the Provider.

2. Eligibility to Use

2.1 Use of the App is permitted to persons who have reached the age of 18.

2.2 Use of the App is based on a license that is generally not acquired by the User themselves. Instead, a third party or institution (the "Licensor") acquires this access authorization. The specific conditions (e.g. term, scope) are agreed exclusively between the Provider and the Licensor.

3. Subject Matter of the Contract

3.1 The App provides AI-supported coaching functions that are available to the User depending on the license acquired. The exact scope (e.g. number of usable sessions) is determined by the Licensor.

3.2 Within the coaching process, the Provider makes available a platform that guides the User through the session and is available as a conversation partner. The interactions are based on LLM technology (Large Language Models), so that subjectively or objectively incorrect answers cannot be ruled out. Use of the App and its content is therefore at the User's own risk. The Provider assumes no warranty for the accuracy, completeness or reliability of the generated answers and recommendations.

3.3 Insofar as additional services or content are offered within the App, the respective provisions described in the App or in the accompanying information shall apply.

4. Costs and Payment Terms

4.1 Direct use by the User is generally free of charge, since the App is provided via the Licensor. An immediate contractual or payment relationship between the User and the Provider therefore does not, as a rule, arise.

4.2 If a User wishes to make use of further chargeable services that are not covered by the license, they will be informed transparently in advance, provided that the Provider offers such additional services. Only through a corresponding declaration by the User (e.g. clicking a purchase or consent button) does a chargeable contract with the Provider come into effect in this regard.

5. Availability of the App

5.1 The Provider guarantees an average annual availability of at least 99%. Nevertheless, temporary outages may occur, for example due to maintenance work, software updates or events beyond the Provider's control (e.g. force majeure, disruptions in the data center).

5.2 The Provider endeavors to keep downtimes as short as possible and to carry out maintenance work during low-usage periods. However, there is no claim to permanent and uninterrupted availability.

6. Termination

6.1 Termination by the User

The User may end the free usage relationship at any time without giving reasons by deleting their user account within the App or by no longer using the service. Upon deletion of the account, personal data will be processed in accordance with the Privacy Policy and, insofar as legally permissible, deleted or anonymized.

The right to terminate without notice in the event of changes to these Terms remains unaffected (see Section 10).

6.2 Termination of the License Agreement

Insofar as access to the App is granted via a license provided by a third party, the termination of access is governed by the contractual relationship between the Provider and the Licensor. Termination or non-renewal of this license by the Licensor may result in the expiry of the User's access.

6.3 Termination by the Provider

The Provider may terminate the usage relationship with a notice period of 14 days in text form. The right to terminate without notice for good cause remains unaffected. Good cause exists in particular if the User seriously or repeatedly breaches the Terms of Use, disregards statutory provisions or jeopardizes system integrity.

6.4 Termination of Chargeable Additional Services by the User

6.4.1 Insofar as the User has acquired chargeable additional services directly from the Provider, they may terminate these at any time with a notice period of 7 days to the end of the current billing period. Termination is carried out via the function provided for this purpose in the App or, alternatively, in text form.

6.4.2 In the event of timely termination, access to the additional service ends upon expiry of the current billing period. No pro rata refund of fees already paid will be made unless there is a statutory obligation to refund.

6.4.3 The billing period results from the term of the additional service selected at the time of purchase and is displayed in the user account.

6.4.4 The right to extraordinary termination for good cause remains unaffected. Such cause exists in particular if the Provider permanently discontinues essential functions of the additional service or breaches material contractual obligations.

7. Liability

7.1 No Guarantees of Success or Warranty
The content of the coaching sessions and AI recommendations is non-binding. The Provider assumes no liability for the accuracy, completeness or timeliness of the generated information, unless mandatory statutory provisions provide otherwise.

7.2 Exclusion of Liability
The Provider is not liable for damage arising from a temporary unavailability of the App. Liability for slightly negligent breaches of duty is excluded, subject to injury to life, body or health.

7.3 Liability for Intent and Gross Negligence
In the event of intent and gross negligence, the Provider is liable in accordance with the statutory provisions.

7.4 Liability for Third-Party Content
Insofar as the App contains links to websites or content of third parties, the Provider assumes no liability for the information provided there.

8. User Obligations, System Integrity and Exclusion for Good Cause

8.1 The User undertakes to use the App exclusively within the scope of the intended functions and not to carry out any actions that could jeopardize the security, integrity or availability of the system.

This includes in particular, but is not limited to:

the circumvention of technical protective measures,
targeted manipulations of the AI logic (e.g. "prompt injection"),
unauthorized access to accounts, data or servers,
the systematic exploitation of vulnerabilities (e.g. for scraping, mass requests, etc.),
the dissemination of unlawful content via the App.

8.2 The Provider reserves the right to exclude Users from using the App with immediate effect and without prior notice, provided there is sufficient suspicion of a substantial breach of these Terms of Use or applicable law.

8.3 A permanent block may be imposed if:

the User repeatedly or seriously breaches these Terms,
the Provider is compelled to do so for technical, operational or security-related reasons,
the User can no longer lawfully continue further use after rejecting amended Terms.

8.4 The Provider is entitled to restrict or terminate access to the App even where this is necessary to maintain a secure, fair and legally compliant operation of the platform. This includes cases in which a User's conduct is objectively capable of jeopardizing the trust of other Users or the functionality of the App.

8.5 The exercise of this right does not constitute a termination in the legal sense. Any contractual rights of the User vis-à-vis a Licensor remain unaffected by this.

9. Data Protection

The protection of personal data is of the highest priority for the Provider. All data is processed in accordance with the applicable data protection laws and in accordance with the Provider's Privacy Policy, which is accessible via the App.

10. Changes to These Terms of Use

10.1 The Provider reserves the right to amend these Terms of Use, provided there is a valid reason to do so. Such a reason exists in particular in the case of:

changes to statutory or regulatory requirements,
adaptations to new technical developments,
changes in the range of services or the system structure, provided that these do not disadvantage the User in an unreasonable manner.

10.2 The User will be informed of planned changes in text form at least 4 weeks before they take effect. In doing so, the planned change will be fully documented and the legal consequences of non-consent will be expressly pointed out.

10.3 The amended Terms of Use only take effect if the User actively consents to them.

10.4 Users who do not wish to consent to the changes may end the usage relationship without notice by deleting their user account. Alternatively, the usage relationship ends automatically if no consent to the new Terms is given within the specified period.

11. Factual Accuracy of AI Outputs

Our AI models generate answers based on statistical probabilities. This means that the generated texts may in individual cases be objectively or subjectively inaccurate. You should therefore not rely without reservation on the accuracy of our AI outputs. In the case of specific questions or doubts, we recommend consulting additional sources of information.

12. Final Provisions

12.1 Place of Jurisdiction and Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For all disputes arising from this contract, the place of jurisdiction is, insofar as legally permissible, Freiburg im Breisgau.

12.2 Severability Clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to the intended purpose.

12.3 Languages
These Terms of Use are available in the German language. A translation into other languages serves for information purposes only.

Contact

Sapericus GmbH
Roßhaldeweg 8
79100 Freiburg

terms@sapericus.ai

As of: 26.03.2025