Terms of Use

DeepMask Terms of Use

Version 1.0

Version 1.0

  1. Definitions

  1. Definitions

In these Terms and Conditions ("Agreement"), the following terms shall have the meanings set out below:

  1. "DeepMask" means DeepMask GmbH, Widenmayerstraße 18, 80538 Munich, Germany, registered with the Commercial Register of the Munich Local Court under HRB 246049, represented by its managing directors.Die DeepMask GmbH App wird gehostet über STACKIT.

     

  2. "Platform" means the DeepMask secure enterprise AI operating system, accessible at https://chat.deepmask.io/ including all associated APIs, connectors, documentation, and updates provided by DeepMask.


  3. "Customer" means the legal entity entering into this Agreement with DeepMask for the purpose of using the Platform.


  4. "User" means any natural person authorized by the Customer to access and use the Platform within the Customer's Workspace.


  5. "Workspace" means the Customer's dedicated environment within the Platform, containing User accounts, configurations, projects, chat histories, connectors, and associated data.


  6. "AI Models" means the large language models, small language models, and other artificial intelligence models accessible through the Platform (e.g., Claude, GPT, Gemini, Mistral, and others), whether hosted in the EU or globally.


  7. "Prompts" means any inputs, queries, instructions, or data submitted by Users to the Platform or to AI Models through the Platform.


  8. "Outputs" means any content, text, code, visualizations, or other results generated by AI Models in response to Prompts.


  9. "Customer Content" means all Prompts, Outputs, files, documents, project data, and any other content uploaded, created, or processed by the Customer or its Users through the Platform.


  10. "Third-Party Tools" means external systems, services, and applications that may be integrated with the Platform via connectors, APIs, or MCP protocol (e.g., Google Drive, SharePoint, Salesforce, ERP systems, CRM systems, communication tools).


  11. "Order" means the specific subscription or service agreement between DeepMask and the Customer, specifying the product tier, number of Users, contract term, pricing, and any additional features or services.


  12. "Documentation" means the technical and functional documentation for the Platform, available at https://documentation.deepmask.io/.


  13. Fair Usage Policy" means the policy governing reasonable usage limits, available at https://www.deepmask.io/fair-usage-policy as updated from time to time.


  14. "DPA" means the Data Processing Agreement available at DeepMask website, concluded between the parties pursuant to Art. 28 GDPR.

  1. Scope and Applicability

  1. Scope and Applicability

  1. This Agreement governs the contractual relationship between DeepMask and the Customer regarding the provision and use of the Platform.


  2. The Platform is offered exclusively to business customers. By entering into this Agreement, the Customer represents and warrants that it is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a public-law special fund. Consumers within the meaning of Section 13 BGB are excluded from using the Platform.


  3. Any general terms and conditions of the Customer are hereby excluded and shall not form part of this Agreement, even if DeepMask does not expressly object to them, unless DeepMask has agreed to their applicability in writing.


  4. This Agreement applies in conjunction with the applicable Order, the DPA (available at DeepMask website), and any additional schedules or annexes referenced herein. In the event of a conflict, the Order shall prevail over this Agreement, and this Agreement shall prevail over the Documentation.

  1. Platform Description and Core Capabilities

  1. Platform Description and Core Capabilities

  1. DeepMask provides a secure, centralized AI operating system that enables enterprise teams to:


    1. Access and interact with 25+ AI Models through a unified interface;

    2. Conduct AI-powered web search and deep research without leaving the Platform;

    3. Create persistent project workspaces with custom instructions, uploaded documents, and collaborative features;

    4. Connect enterprise data sources and tools via MCP protocol, API connectors, and native integrations;

    5. Generate data visualizations, charts, and reports from uploaded datasets;

    6. Configure and deploy AI workflows and agents;

    7. Manage teams, roles, permissions, and usage analytics at the enterprise level.


  2. The specific features and functionality available to the Customer depend on the subscribed product tier as specified in the Order. The current feature set is described in the Documentation.


  3. DeepMask reserves the right to enhance, modify, or retire features of the Platform, provided that the core functionality described in the applicable Order is not materially diminished in its overall utility to the Customer.

  1. Infrastructure and Data Sovereignty

  1. Infrastructure and Data Sovereignty

  1. The Platform is hosted on STACKIT cloud infrastructure (Schwarz Group) in ISO/IEC 27001 and BSI C5-certified data centers located in Germany.


  2. All Customer data at rest (including Customer Content, metadata, and account information) is stored exclusively on servers within the Federal Republic of Germany, unless the Customer explicitly opts for a different configuration.


  3. The Customer may select AI Models that process data exclusively within Germany or the European Union (via STACKIT AI Model Serving or EU-region endpoints from Azure, AWS, or Google Cloud). The Customer may also choose to enable AI Models hosted globally, in which case Prompts may be transmitted to infrastructure outside the EU for processing.


  4. DeepMask's architecture is designed to support compliance with the GDPR, the EU AI Act (Regulation (EU) 2024/1689), and German data protection requirements. No Customer Content is transferred to jurisdictions subject to the US CLOUD Act unless the Customer expressly enables globally-hosted AI Models.


  5. The point of delivery is the network access point of the STACKIT data center used by DeepMask. The Customer is solely responsible for maintaining a suitable internet connection and compatible devices for accessing the Platform.

  1. Contract Formation

  1. Contract Formation

  1. Information about the Platform on the DeepMask website (https://www.deepmask.io/) or in marketing materials constitutes an invitation to treat, not a binding offer.


  2. A binding contract is formed when:

    1. (a) the Customer places an order via the DeepMask website or application and DeepMask activates the Customer's Workspace; or

    2. (b) the Customer signs an Order form or proposal issued by DeepMask; or

    3. (c) the Customer accepts a quote issued by DeepMask in writing or by email.


  3. DeepMask will confirm contract formation by providing access credentials or a confirmation email.

  1. Trial Period and Pilot Engagements

  1. Trial Period and Pilot Engagements

  1. Free Trial. DeepMask may offer the Customer a free trial period of seven (7) days (unless a different duration is expressly agreed in writing), during which the Customer may use the Platform with limited functionality. The trial ends automatically upon expiry without notice. No payment obligation arises during the trial unless the Customer converts to a paid subscription.


  2. Paid Pilot. The parties may agree to a paid pilot engagement of defined duration and scope. During the pilot period, ordinary termination is excluded for both parties. Extraordinary termination for cause remains unaffected. Upon expiry of the pilot, the Customer's access ends automatically unless a full subscription is concluded.


  3. During any trial or pilot period, DeepMask provides the Platform "as is" without service level commitments unless expressly agreed otherwise.

  1. User Accounts and Administration

  1. User Accounts and Administration

  1. The Customer shall designate at least one administrator responsible for managing its Workspace, including User provisioning, role assignments, model permissions, and connector configurations.


  2. The Customer is responsible for the accuracy and completeness of all registration and billing information and shall update such information promptly upon any change.


  3. Access credentials are personal and non-transferable. The Customer shall ensure that each User has unique login credentials. Sharing of accounts between multiple individuals is prohibited.


  4. The Customer is responsible for all actions performed by its Users within the Platform. The Customer shall ensure that Users comply with this Agreement and applicable law.


  5. The Customer shall take appropriate technical and organizational measures to protect access credentials from unauthorized use, including but not limited to using multi-factor authentication where available.

  1. License Grant and Usage Rights

  1. License Grant and Usage Rights

  1. License. Subject to the terms of this Agreement and timely payment of all fees, DeepMask grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the contract term, limited to the number of Users and the product tier specified in the Order.


  2. Permitted Use. The Customer may use the Platform solely for its own internal business operations.


  3. Restrictions. The Customer shall not, and shall ensure its Users do not:

    1. sublicense, resell, rent, lease, lend, or otherwise make the Platform available to any third party;

    2. use the Platform to build, train, or improve a competing product or service that replicates the Platform's core functionality;

    3. access or attempt to access features, tiers, or capacity not included in the Customer's Order;

    4. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of the Platform, except to the extent expressly permitted by mandatory applicable law (e.g., Section 69e of the German Copyright Act);

    5. circumvent, disable, or interfere with any security, access control, usage limitation, or digital rights management features of the Platform;

    6. perform penetration testing, vulnerability scanning, or load testing against the Platform or its infrastructure without DeepMask's prior written consent;

    7. use automated means (bots, scrapers, scripts) to create accounts, generate Prompts, or extract data from the Platform outside of authorized API usage;

    8. remove, alter, or obscure any proprietary notices, trademarks, or attributions displayed by the Platform;

    9. use the Platform in any manner that violates the applicable usage policies of AI Model providers (see Section 12).


  4. Expiration. All usage rights granted under this Agreement terminate automatically upon expiration or termination of the contract.

  1. Service Levels and Availability

  1. Service Levels and Availability

  1. Availability Target. DeepMask commits to a Platform availability of at least 99.5% per calendar month, measured at the data center access point.


  2. Measurement. Availability is calculated as: ((Total minutes in month − Downtime minutes) / Total minutes in month) × 100.


  3. Exclusions. The following shall not count as Downtime for the purpose of calculating availability:

    1. scheduled maintenance performed in accordance with paragraph 4 below;

    2. unavailability caused by circumstances outside DeepMask's reasonable control, including force majeure events (natural disasters, pandemics, war, government action, internet backbone failures, or failures of upstream infrastructure providers not caused by DeepMask);

    3. unavailability resulting from the Customer's misuse, misconfiguration, or breach of this Agreement;

    4. unavailability of third-party AI Models or Third-Party Tools.


  4. Scheduled Maintenance. DeepMask may perform scheduled maintenance during low-usage windows (Saturdays and Sundays, 00:00–06:00 CET/CEST). DeepMask will provide at least seven (7) days' advance notice via email or in-platform notification. Total scheduled maintenance shall not exceed twenty (20) hours per calendar month.


  5. Emergency Maintenance. DeepMask may perform unscheduled maintenance without prior notice if immediately necessary to protect the security, integrity, or availability of the Platform. DeepMask will inform the Customer as soon as reasonably practicable.


  6. AI Model Availability. DeepMask does not guarantee the availability, response time, or throughput of any specific AI Model. AI Model availability depends on the respective provider and is outside DeepMask's control.

  1. Support and Error Resolution

  1. Support and Error Resolution

  1. Support Channels. The Customer may report issues and request support by emailing support@deepmask.io or through the in-platform support feature.


  2. Error Classification.

    1. Critical: The Platform is entirely unavailable or core functionality (chat, API, project workspaces) is completely unusable for all Users in the Customer's Workspace.

    2. Major: Significant functionality is impaired, affecting multiple Users or key features, but workarounds exist.

    3. Minor: Non-critical issues with limited impact on productivity.


  3. Response Times. DeepMask will use commercially reasonable efforts to acknowledge and respond to reported errors within the following timeframes (during business hours, Mon–Fri, 09:00–18:00 CET):

    1. Critical: initial response within four (4) hours; status update within one (1) business day.

    2. Major: initial response within one (1) business day.

    3. Minor: initial response within three (3) business days.


  4. Remediation. DeepMask may, at its discretion, remedy errors through patches, updates, configuration changes, workarounds, or alternative solutions.


  5. Customer Cooperation. The Customer shall provide DeepMask with all information reasonably necessary to diagnose and reproduce reported errors, including screenshots, logs, browser versions, and steps to reproduce.

  1. Customer Content and Intellectual Property

  1. Customer Content and Intellectual Property

  1. Ownership. The Customer retains all rights, title, and interest in and to all Customer Content. Nothing in this Agreement transfers ownership of Customer Content to DeepMask.


  2. License to DeepMask. The Customer grants DeepMask a non-exclusive, royalty-free license, limited to the jurisdictions where the Customer has authorized data processing, to host, store, reproduce, process, transmit, and display Customer Content solely to the extent necessary to provide the Platform services. This license is limited in time to the duration of the Agreement and is transferable only to DeepMask's authorized sub-processors.


  3. No Training. DeepMask does not use Customer Content to develop, train, fine-tune, or improve AI Models, whether its own or those of third-party providers. DeepMask contractually requires all AI Model providers integrated in the Platform to refrain from using Customer Content for model training or improvement purposes.


  4. Customer Responsibilities. The Customer represents and warrants that:

    1. it has all necessary rights, licenses, and authorizations to submit Customer Content to the Platform;

    2. Customer Content does not violate applicable law, infringe third-party intellectual property rights, personality rights, or other protected interests;

    3. Customer Content does not contain unlawful, discriminatory, violence-glorifying, or pornographic material.


  5. Indemnification. The Customer shall indemnify and hold DeepMask harmless from and against any third-party claims (including reasonable legal fees) arising from a breach of paragraph 4 above, except to the extent DeepMask is responsible for the claim.


  6. Content Removal. If DeepMask becomes aware of Customer Content that violates paragraph 4, DeepMask will notify the Customer and request removal within a reasonable period. If the Customer fails to comply, DeepMask may remove or disable access to the offending content.


  7. Backups. The Customer is solely responsible for maintaining independent backup copies of all Customer Content. DeepMask implements reasonable disaster recovery measures but does not guarantee recovery of specific Customer Content.


  8. .Feedback. If the Customer voluntarily provides suggestions, enhancement requests, or other feedback regarding the Platform ("Feedback"), the Customer grants DeepMask a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize such Feedback without restriction or obligation.

  1. AI Model Usage and Responsible Use

  1. AI Model Usage and Responsible Use

  1. Model Selection. The Customer may configure which AI Models are available to Users within its Workspace. The Customer acknowledges that each AI Model is operated by its respective provider and is subject to that provider's terms of service and acceptable use policies.


  2. Applicable Provider Policies. The Customer and its Users are responsible for complying with the applicable usage policies of the AI Model providers, including but not limited to:

    1. Anthropic Acceptable Use Policy: https://www.anthropic.com/legal/aup

    2. OpenAI Usage Policies: https://openai.com/policies/usage-policies/

    3. Google Generative AI Prohibited Use Policy: https://policies.google.com/terms/generative-ai/use-policy

    4. Microsoft AI Code of Conduct: https://learn.microsoft.com/en-us/legal/ai-code-of-conduct

    5. AWS Responsible AI Policy: https://aws.amazon.com/ai/responsible-ai/policy/

    6. STACKIT Terms of Use: https://www.stackit.de/en/general-terms-and-conditions/terms-of-use/

    7. Mistral AI Terms: https://legal.mistral.ai/terms/usage-policy


  3. No Warranty on Outputs. AI-generated Outputs may be inaccurate, incomplete, outdated, biased, or misleading. DeepMask makes no representation or warranty regarding the accuracy, completeness, reliability, or fitness for any particular purpose of any Output. The Customer is solely responsible for evaluating and validating Outputs before relying on them for any business decision, communication, or action.


  4. Prohibited Uses. The Customer shall not use the Platform or any AI Model accessible through it:

    1. for any purpose prohibited under the EU AI Act (Regulation (EU) 2024/1689), including but not limited to prohibited AI practices under Article 5;

    2. as or within a high-risk AI system as defined in the EU AI Act without implementing all required safeguards and compliance measures;

    3. for the autonomous operation, control, or monitoring of safety-critical components of critical infrastructure;

    4. in applications where a malfunction or erroneous Output could foreseeably cause death, serious bodily injury, or significant environmental damage;

    5. to generate content that facilitates illegal activities, harassment, or deception;

    6. to circumvent safety filters or content policies of AI Model providers through prompt injection or jailbreaking techniques.


  5. Fair Usage. DeepMask may apply reasonable usage limits per User for specific AI Models, features, or time periods. Current limits are published in the Fair Usage Policy. Fair usage limits do not apply where the Customer uses the Bring Your Own Key option.


  6. Bring Your Own Key. The Customer may connect its own API credentials for AI Models. In such cases, the Customer contracts directly with the AI Model provider for usage and billing. DeepMask provides only the technical integration and is not responsible for the availability, pricing, or performance of such models.

  1. . Data Protection and Privacy

  1. . Data Protection and Privacy

  1. In providing the Platform, DeepMask processes personal data on behalf of the Customer as a data processor within the meaning of Article 28 GDPR. The DPA, available at DeepMask's website, is incorporated into this Agreement by reference and is automatically concluded upon execution of this Agreement.


  2. The DPA sets out the subject matter, duration, nature, and purpose of processing, the types of personal data, and the categories of data subjects, as well as the Customer's rights and DeepMask's obligations as processor.


  3. DeepMask maintains a list of authorized sub-processors, available in the DPA or at the URL specified therein. DeepMask will notify the Customer of changes to its sub-processor list at least thirty (30) days in advance. The Customer may object to any new sub-processor on reasonable grounds within fourteen (14) days of notification, in which case the parties will work in good faith to find an alternative solution. If no alternative can be agreed, the Customer may terminate the Agreement with respect to the affected services with effect from the date the new sub-processor would otherwise take effect.


  4. DeepMask implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, as described in the DPA and in DeepMask's security documentation.

  1. Telemetry and Analytics

  1. Telemetry and Analytics

  1. DeepMask collects anonymized telemetry data and aggregated usage statistics for the purpose of maintaining, improving, and securing the Platform, as well as for internal product analytics.


  2. Such telemetry data is fully anonymized and does not contain Customer Content, personal data, or any information that could identify individual Users or the Customer.


  3. DeepMask does not sell, share, or provide telemetry or analytics data to third parties, except to its own infrastructure providers to the extent technically necessary for Platform operations.

  1. Confidentiality

  1. Confidentiality

  1. Confidential Information. Each party ("Receiving Party") shall treat as confidential all non-public information disclosed by the other party ("Disclosing Party") in connection with this Agreement, including but not limited to business plans, pricing, technical specifications, security architectures, Customer Content, and any information marked as confidential or that a reasonable person would understand to be confidential ("Confidential Information").


  2. Obligations. The Receiving Party shall: (a) use Confidential Information solely for the purposes of performing or exercising its rights under this Agreement; (b) protect Confidential Information with at least the same degree of care it uses for its own confidential information (but no less than reasonable care); (c) limit disclosure to employees, advisors, and sub-processors who have a need to know and are bound by confidentiality obligations at least as protective as this Section.


  3. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party without restriction prior to disclosure; (c) is independently developed without reference to the Disclosing Party's Confidential Information; or (d) is disclosed pursuant to a legal or regulatory obligation, provided the Receiving Party gives prompt notice (to the extent permitted) and cooperates in seeking protective measures.


  4. Duration. Confidentiality obligations survive termination of this Agreement for a period of three (3) years, except that obligations relating to trade secrets shall continue for as long as the information qualifies as a trade secret under applicable law.

  1. Fees, Billing, and Payment

  1. Fees, Billing, and Payment

  1. Fee Structure. The Customer shall pay: (a) a fixed subscription fee based on the product tier, number of Users, and contract term, as specified in the Order; and (b) variable usage-based fees for features subject to consumption billing (e.g., API calls, additional AI model tokens beyond included quotas), if applicable.


  2. Invoicing. Fixed fees are invoiced at the beginning of each billing period. Usage-based fees are invoiced monthly in arrears. All invoices are issued electronically.


  3. Payment Terms. Invoices are due and payable within fourteen (14) days of the invoice date, unless the Order specifies different payment terms.


  4. Currency. All fees are denominated in EUR (net of VAT). Where DeepMask incurs usage-based costs from AI Model providers in USD or another currency, conversion to EUR shall be based on the European Central Bank reference rate on the date of the usage event.


  5. Excess Users. If the Customer's actual User count exceeds the contracted number, DeepMask will charge for additional Users on a pro-rata basis for the remaining billing period at the applicable tier price, less any agreed discounts.


  6. Price Changes on Renewal. Upon automatic renewal, the then-current list price for new customers shall apply, less any contractual discounts. DeepMask will notify the Customer of price changes by email at least forty-five (45) days before the end of the current term.


  7. Late Payment. In the event of late payment, DeepMask may: (a) charge statutory default interest (Section 288(2) BGB); (b) suspend access to the Platform in accordance with Section 18.


  8. Set-Off. The Customer may only set off claims that are undisputed or have been established by final court judgment.


  9. Taxes. The Customer is responsible for all applicable taxes, levies, and duties (excluding taxes on DeepMask's net income). Statutory VAT will be added to all invoices at the applicable rate.

  1. . Liability

  1. Unsere Social-Media Präsenz

  1. Unlimited Liability. DeepMask shall be liable without limitation in cases of:

    1. (a) willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit);

    2. (b) injury to life, body, or health (Verletzung von Leben, Körper oder Gesundheit);

    3. (c) claims under the German Product Liability Act (Produkthaftungsgesetz);

    4. (d) claims arising from an express written guarantee (Garantie) assumed by DeepMask;

    5. (e) fraudulent concealment of a defect (arglistig verschwiegener Mangel);

    6. (f) any other cases where liability cannot be limited under mandatory applicable law.


  2. Liability for Slight Negligence. In cases of slight negligence (leichte Fahrlässigkeit), DeepMask shall only be liable for the breach of a material contractual obligation (an obligation the fulfillment of which is essential to the proper performance of this Agreement and on the observance of which the Customer regularly relies — a "Cardinal Obligation"). In such cases, DeepMask's liability is limited to damages that were foreseeable at the time of contract conclusion and typical for this type of contract, capped in aggregate at the total fees paid by the Customer to DeepMask in the twelve (12) months preceding the event giving rise to the claim. Any further liability for slight negligence is excluded.


  3. Exclusions. Subject to paragraph 1, DeepMask shall not be liable for:

    1. the accuracy, completeness, legality, or fitness for purpose of any AI Model Output;

    2. unavailability, defects, or failures of third-party AI Models or Third-Party Tools;

    3. loss or corruption of Customer Content to the extent the Customer failed to maintain backups as required by this Agreement, and only with respect to that portion of the loss that would have been avoided by such backups.


  4. Mitigation. The Customer shall take reasonable steps to mitigate damages and shall inform DeepMask promptly of any circumstances that could give rise to a claim.


  5. Statute of Limitations. Subject to paragraph 1, claims by the Customer against DeepMask shall become time-barred after one (1) year from the statutory commencement of the limitation period. Claims subject to unlimited liability under paragraph 1 are governed by the statutory limitation periods.


  6. Application to Personnel. The limitations set forth in this Section apply equally to claims against DeepMask's employees, directors, legal representatives, and vicarious agents (Erfüllungs- und Verrichtungsgehilfen).

  1. . Suspension of Access

  1. . Suspension of Access

  1. DeepMask may suspend the Customer's access to the Platform(in whole or in part) if:

    1. the Customer is in material breach of this Agreement and has not cured such breach within a reasonable cure period after written notice;

    2. there are concrete indications of a security threat originating from the Customer's Workspace;

    3. continued provision of the Platform would expose DeepMask to legal liability or regulatory sanction;

    4. the Customer is in payment default for more than fourteen (14) days following a written reminder;

    5. suspension is required by court order, regulatory direction, or applicable law.


  2. DeepMask will notify the Customer of any suspension and its reasons without undue delay by email.


  3. Suspension does not relieve the Customer of its payment obligations during the suspension period, except where suspension is caused solely by DeepMask's fault.


  4. DeepMask will restore access promptly once the grounds for suspension have been resolved.

  1. Term, Renewal, and Termination

  1. Term, Renewal, and Termination

  1. Initial Term. The initial contract term is specified in the Order.


  2. Auto-Renewal.

    1. Monthly contracts renew automatically for successive one-month periods unless either party provides at least seven (7) days' written notice before the end of the current term.

    2. Annual contracts (or contracts with an initial term of 12 months or longer) renew automatically for successive twelve (12)-month periods unless either party provides at least thirty (30) days' written notice before the end of the current term.


  3. Termination for Cause. Either party may terminate this Agreement with immediate effect by written notice if:

    1. the other party commits a material breach that remains uncured for thirty (30) days after written notice specifying the breach;

    2. the other party becomes insolvent, files for bankruptcy, or has insolvency proceedings opened or refused for lack of assets;

    3. the other party ceases to carry on its business.


  4. DeepMask Termination for Cause. DeepMask may additionally terminate for cause if the Customer repeatedly or persistently violates the usage restrictions in Sections 8(3) or 12(4), even after being notified.


  5. Form of Notice. Termination notices must be given in text form (email is sufficient) or via the termination function within the Platform.


  6. Effects of Termination.

    1. Upon termination or expiry, the Customer's right to access and use the Platform ceases immediately.

    2. DeepMask will make Customer Content available for export in standard machine-readable formats (e.g., JSON, CSV) for a period of thirty (30) days following the effective date of termination. After this period, DeepMask will delete all Customer Content from its systems, unless retention is required by law.

    3. Accrued payment obligations, confidentiality obligations, limitation of liability provisions, and any other provisions that by their nature should survive, shall survive termination.

  1. Warranty and Defects

  1. Warranty and Defects

  1. Platform Warranty. DeepMask warrants that the Platform will perform materially in accordance with the Documentation during the contract term. This warranty does not cover defects caused by the Customer's misuse, unauthorized modifications, or failure to meet the technical prerequisites for access.


  2. Remedy. In the event of a material defect, the Customer shall notify DeepMask without undue delay via the support channels. DeepMask will, at its discretion, remedy the defect through rectification, update, workaround, or replacement within a reasonable time. If remediation fails within a reasonable period or is unreasonable for the Customer, the Customer may reduce the fees proportionally or, where the contractual use of the Platform is materially impaired, terminate the contract in accordance with Section 19.


  3. Exclusion of No-Fault Liability for Initial Defects. Liability without fault for defects existing at the time of contract conclusion (Section 536a(1), first alternative, BGB) is excluded.


  4. Disclaimer. Except as expressly stated in this Section 20 and subject to Section 17:

    1. the functionality and outputs of AI Models are provided on an "as is" and "as available" basis;

    2. DeepMask makes no warranties, express or implied, regarding the output quality, accuracy, or suitability of AI Models;

    3. DeepMask does not warrant uninterrupted or error-free operation of any third-party AI Model or Third-Party Tool.

21. Indemnification by Customer

21. Indemnification by Customer

  1. The Customer shall defend, indemnify, and hold DeepMask harmless from and against any and all third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

    1. the Customer's or its Users' use of the Platform in violation of this Agreement or applicable law;

    2. Customer Content that infringes third-party intellectual property or other rights;

    3. the Customer's failure to comply with the EU AI Act or other applicable regulations in connection with its use of AI Models through the Platform.


  2. This indemnification obligation does not apply to the extent that DeepMask is responsible for the underlying claim.

22. Changes to These Terms

22. Changes to These Terms

  1. Right to Amend. DeepMask may amend this Agreement during the contract term only where there is a legitimate reason to do so, in particular to adapt the terms to changed technical or legal conditions (including changes to the terms governing the use of AI Models, Third-Party Tools, or applicable laws and regulations) or to technical changes to the Platform, provided that the amendment does not unreasonably disadvantage the Customer when considered in its entirety. DeepMask will give due consideration to the legitimate interests of the Customer.


  2. Excluded Amendments. The right to amend under this Section does not extend to changes affecting the core obligations of the parties (essentialia negotii), in particular changes to the fees, the principal scope of services, or other material terms that would shift the economic balance of the Agreement. Such changes require the Customer's express consent or are governed by Section 16.6 (price changes on renewal).


  3. Notification and Right to Object. DeepMask will notify the Customer of any intended amendments by email at least thirty (30) days before they take effect. The notification will:

    1. clearly identify the changes being made;

    2. expressly inform the Customer that silence within thirty (30) days of receipt of the notification will be deemed acceptance of the changes; and

    3. expressly inform the Customer of its right to object to the changes within that period.


  4. Effect of Objection. If the Customer objects to the changes in text form within thirty (30) days of receipt of the notification, the existing terms shall continue to apply. In that case, DeepMask shall be entitled to terminate the Agreement with effect from the end of the then-current billing period by giving fourteen (14) days' written notice.


  5. Editorial Corrections. Purely editorial corrections that do not affect the rights or obligations of the parties (e.g., typographical errors, formatting, updates to contact details or hyperlinks) may be made without prior notice. Such corrections shall be communicated to the Customer at the next regular notification or via the Platform.

23. Governing Law and Jurisdiction

  1. . Governing Law and Jurisdiction

  1. This Agreement is governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules.


  2. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement is Munich, Germany, provided the Customer is a merchant (Kaufmann), a legal entity under public law, or a public-law special fund. DeepMask shall, however, also be entitled to bring claims against the Customer at the Customer's general place of jurisdiction.

24. Miscellaneous

24. Miscellaneous

  1. Entire Agreement. This Agreement, together with the Order, DPA, and any annexes referenced herein, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, representations, and understandings.


  2. Assignment. The Customer may not assign or transfer this Agreement or any rights hereunder without DeepMask's prior written consent. DeepMask may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to the Customer.


  3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic and legal intent of the original.


  4. Waiver. The failure of either party to enforce any right under this Agreement shall not constitute a waiver of such right.


  5. Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, pandemics, war, government actions, labor disputes, or failures of third-party infrastructure. The affected party shall notify the other party without undue delay and use reasonable efforts to mitigate the impact.


  6. Notices. All notices under this Agreement shall be in text form (email is sufficient) and sent to the addresses specified in the Order or, for DeepMask, to legal@deepmask.io.


  7. No Third-Party Beneficiaries. This Agreement does not create any rights for third parties unless expressly stated.

25. Contact Information

25. Contact Information

DeepMask GmbH

Widenmayerstraße 18

80538

München, Germany

Commercial Register:

Munich Local Court, HRB 246049

General inquiries:

Support:

support@deepmask.io

Last Updated: 12.05.2026