Terms of Service

Scope and subject

  • These terms of service apply for purchase and/or use of services offered by imaranda UG (haftungsbeschränkt) Kurt-Schwägerle-Weg 1, 72072 Tübingen, Germany, hereinafter "we" or "imaranda" on the all pages under the domain of 'imaranda.com'.
  • Our terms of service apply to entrepreneurs pursuant of § 14 BGB (German Civil Code) and to consumers pursuant of § 13 BGB. Imaranda offers software that is not directly aimed at minors who have not yet reached the age of eighteen. We therefore assume that minors will only use our software with the consent and under the guidance of their legal guardian.
  • Our terms of service apply exclusively, contract terms added by you are rejected and shall not apply.
  • You accept these terms of service as valid when registering as a user in our webapp.

Registering and conclusion of contract

  • You have to register on our website to use our services. Registration is free of charge.
  • By registering, you are making an offer to enter into a contract of use. Imaranda accepts this offer by activating your account. The contract between you and imaranda comes into effect through this acceptance.
  • Your password chosen during registration is to be kept secret by you and any person you share your login credentials with. We will never ask for your password except when logging in to our software.

Prices and payment

  • Imaranda offers a free and several paid versions of our software.
  • See the "pricing" section on our website for detailed info on the different versions. The prices listed within the "pricing" section are binding and exclusive of applicable statutory tax.

Scope of the service and assurances

  • Imaranda provides the software in its respective current version for use at the router point of the data centre in which the server with the software is located ("delivery point"). The software, the computing power required for the operation of the software in the data centre and the storage and data processing space required for this are provided by Imaranda. Imaranda is not obliged to ensure the establishment and maintenance of the data connection between your systems and the described delivery point.
  • Imaranda grants you the non-exclusive, non-transferable right of use, limited to the duration of the contract, to use the software for your own purposes, to store and process your data with the aid of the software, to load the user interface of the software for display on the screen into the main memory of the end devices used for this purpose in accordance with the agreement and to make the resulting copies of the user interface.
  • The contractually agreed service may not be made available to third parties unless this has been expressly agreed by the parties.
  • We will enable the use of our software within the current state of the art and will try to ensure availability to the best of our ability. We reserve the right to temporarily restrict or shut down access to our software if necessary. This necessity may arise because of capacity limitations, security or integrity concerns. This may also be necessary because of maintenance or similar upgrades we make to our software. Whenever possible, we will inform you of such update beforehand. We are not obliged by this contract to upgrade our software beyond what is necessary for security.
  • Availability of our services may be disrupted by factors outside our control. This includes, for example, actions by third parties, technical difficulties that we cannot influence or force majeure. Such disruptions shall have no effect on the contractual conformity of the services provided.
  • You are obliged to notify us immediately of any functional outages, disruptions or impairments of our services. If you fail to do so, § 536c BGB (German Civil Code) shall apply accordingly.
  • Imaranda is entitled to develop and modify our software, as long as this is necessary to comply with legal requirements or presents an upgrade in terms of the state of the art and your legitimate expectations as to the essential functionality.

Obligations of users and rights granted by users

if entering email addresses of others, respect gdpr
  • The use of the software requires a sufficient Internet connection, which you must provide yourself. Offline use of the software is not possible.
  • The proper and regular backup of your data is exclusively your responsibility. This also applies to documents (e.g. invoices) provided by us in the course of contract execution.
  • When you entrust imaranda with protected content (e.g. graphics, brands and other copyright and/or trademark protected contents within the scope of the use of the Software), you grant us all rights necessary for the performance of the contract. This includes, in particular, the right to make the corresponding contents accessible to other users, if necessary, within the framework of the execution of the contract. In this respect, you warrant that you own all necessary rights to materials provided in order to grant imaranda the corresponding rights.
  • When you entrust imaranda with private information of other persons (e.g. email addresses when sharing within our software), you grant us all rights necessary for the performance of the contract. This includes, in particular, the right to make the corresponding contents accessible to other users, if necessary, within the framework of the execution of the contract. In this respect, you warrant that you have the approval of the respective person in order to grant imaranda the corresponding rights.
  • You are obliged to observe the applicable laws and the rights of third parties when using the content and services on the websites. In particular, you are prohibited from:
    • using offensive or defamatory content, regardless of whether this content concerns other users, imaranda employees or other persons or companies,
    • using pornographic content or content that violates youth protection laws or advertise, offer or distribute pornographic products or products that violate youth protection laws,
    • harassing other users unreasonably (in particular through spam) (cf. also § 7 Law against Unfair Competition UWG),
    • using content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or from advertising, offering or distributing goods or services protected by law, as well as
    • engaging in or promoting actions in contravention of competition rules, including progressive canvassing (such as chain, snowball or pyramid schemes).
  • Your are also prohibited from distribution and public reproduction of content from other users without first getting their approval. You are further prohibited to take any action that is likely to impair the functionality of our infrastructure, in particular to place an excessive load on it.
  • If the rights of third parties or legal requirements are violated by the content posted by you or by your use of the services, you will immediately cease the use that is contrary to the contract and / or the law.
  • You will indemnify imaranda against all claims, including claims for damages, brought by other users or other third parties against imaranda for infringement of their rights by (i) content posted by you, or (ii) use of the Software by you. You will pay all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs incurred for legal defense. The foregoing obligation shall not apply to the extent that we are responsible for the infringement. All further rights as well as claims for damages of imaranda remain unaffected.

Special terms for use of advanced AI features

  • If you choose to use AI features, you may provide data to be processed by us ("AI Input") and receive data generated and returned based on your AI Input ("AI Output"). For some features, the AI input will be selected by our software based on the context of your AI request. This can include complete data from an imaranda board in the case of summmaries for example. When you use our AI features, the right of use our AI features includes the right to use any AI feature predictions and output, based on the input given by you.
  • Your Data will be processed by AI and machine learning models in order to generate output. Some of these AI models run internally within our product, and some are provided by a third party.
  • You will ensure that your use of our AI features and the use of your AI Output must not (i) violate any applicable law, (ii) violate these terms or any other Agreement on the use of our services, or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party.
  • You must ensure that the input of personal data, its use with regard to the AI features and the use of output, if containing personal data, complies with the requirements of the GDPR as you remain to be the data controller. We or our service providers process the data on your behalf and in accordance with the requirements of the concluded contract on commissioned processing. It is prohibited to use and enter special categories of data according to Art. 9 GDPR or information that is subject to trade secret protection for the user's or a third party's company, when using our AI features. Furthermore, it is prohibited to use the AI features for illegal purposes.
  • You may not use AI features in a manner that violates any OpenAI Policy, including but not limited to their Content Policy, Sharing and Publication Policy and Community Guidelines.
  • You acknowledge that AI Output may not be unique and our AI features may generate the same or similar output to any other third party. You also acknowledge that the output is not a work created by a natural person and therefore, at least prior to appropriate editing, is generally not copyrighted.
  • You acknowledge that AI models may generate inaccurate or offensive content that doesn't represent our or your own views. You should examine carefully the generated AI output before relying on it, publishing it or otherwise making use of it.
  • Our AI features are expressly not intended to give you medical, legal, financial, or other professional advice. Any generated content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.
  • You acknowledge and agree that any content or data generated through the use of our AI features is processed at your sole risk and responsibility. In particular, we do not guarantee you the accuracy, quality, completeness, reliability or suitability for the intended purpose of the content or results made available within the AI features.
  • You will indemnify imaranda against all claims, including claims for damages, brought by other users or other third parties against imaranda for infringement of their rights by (i) content posted by you, or (ii) use of the AI features by you or (iii) content used by you as input. You will pay all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages of imaranda remain unaffected.
  • Notwithstanding anything to the contrary of these terms or any other agreement with us, downtime of AI features that results from a failure of a third party service will not be included in the availability and downtime calculations.

Illegal content

  • If you notice any use of our website or software that is contrary to the law or to the terms of the contract, please inform us using the contact information available on our website.

Warranty, liability and customer support

  • You can ask about your contract or our software / services at any time. You can reach us through the contact information available on our website for this.
  • You are obliged to notify us immediately of any defects in the software in writing. You have to describe the defect and the corresponding data processing environment as precisely as possible.
  • In principle, the statutory regulations on warranty in tenancy agreements apply. Sections 536b BGB (knowledge of the tenant of the defect upon conclusion of the contract or acceptance) and 536c BGB (defects occurring during the lease period; notification of defects by the tenant) apply. The strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1) BGB (Landlord’s liability for damages) is excluded.
  • Warranty rights do not exist if the defect of the software has arisen due to an inadmissible, unsuitable or improper treatment or use of the software by you or due to an unauthorized modification to the software.
  • Imaranda shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence, in the event of culpable injury to life, physical integrity or health, in the event of the assumption of a guarantee and in the event of liability under the Product Liability Act.
  • In all other cases imaranda is only liable in the case of simple negligent breach of an essential contractual obligation, i.e. such a contractual obligation, for which fulfilment is strictly necessary for proper execution of the contract in the first place and whose compliance may regularly be relied upon by the customer; this is limited to the compensation of the foreseeable and typical damage. In all other cases, the liability of imaranda is excluded.
  • If you suffer damage as a result of the loss of data, imaranda shall not be liable for this insofar as the damage would have been avoided if you had made a regular and complete backup of all relevant data. You will carry out a regular and complete data backup yourself or have it carried out by a third party and are solely responsible for this.

Termination of contract

  • You may terminate this contract at any time without giving reasons or term of notice. Please send us your notice of termination using the contact information on our website and include your user name and email address registered on our website.
  • The right of both parties to terminate the license agreement for the software for important reasons shall remain unaffected. An important reason for termination exists in particular if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties.

Final provisions

  • Amendments and supplements to these contractual terms and conditions must be made in writing. This also applies in particular to a waiver of this written form requirement.
  • Should individual provisions of these contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent of the invalid provision in a legally permissible manner. The same shall apply in the event of any gaps in the agreement.
  • The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made above.
  • If you are a merchant, the exclusive place of jurisdiction is Stuttgart. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.