Terms of Use Exactag UI, Help-Center and AI Assistant
1. Application of terms of use Exactag UI and Help-Center
- The terms of use Exactag UI and Help-Center („Terms”) apply for the use of the online help-center and/or user interface (together „Tools“) that Exactag GmbH („Exactag“) provides to the user.
- Conflicting provisions and provisions overlapping with these Terms – in particular those in general terms and conditions – do not apply even if the Tools are used without explicit objection to these general terms and conditions by Exactag.
- Unless otherwise explicitly set out, electronic form (Section 126a German Civil Code, BGB) or text form (Section 126b BGB).
2. Registration, Right of Use and AI Assistant
- Exactag grants the access to the Tools in its entire discretion.
- Exactag grants the user a temporary, free of charge, revocable, non-transferable, non-exclusive right to use the Tools in their most recent version limited in time only in the territory of Germany. The Tools may only be used in relation with the products and services of Exactag. Exactag may revoke the right to use the Tools at any time upon 5 days’ notice for any and no reason. If the user breaches these Terms, Exactag may immediately revoke the right to use the Tools.
- If access data (e.g. user name, password etc.) are required for the use of the Tools, Exactag will notify such access data individually for the user. The access data for access to the Tools must be stored carefully and must not be made accessible to unauthorized third parties. If the user becomes aware that an unauthorized third parties has obtained access data or if there is a reasonable suspicion, the user has to inform Exactag immediately in text form.
- The user guarantees to use the Tools exclusively as specified by Exactag and not to make any modifications or changes in and to the Tools. Exactag does not guarantee a certain availability of the Tools or a deadline to remedy its unavailability or limited availability.
- The user acknowledges and agrees that Exactag may use the user’s input in the Tools for the purpose of improving the service and providing the service in the Tools. This includes the transfer of the user Input in anonymized form to AI providers without the user and its company being identified by the transferred input. No personal data will be transferred to AI Providers unless the user himself inputs such data in the Tools. The user waives all rights to the output created through the use of his input.
3. Confidentiality
- The user will keep all materials, know-how and experiences that are disclosed to the user or that become known to the user during the use of the Tools (including the fact that the user has been granted access to and uses the Tools, together „Confidential Information“) confidential. Confidential Information means all information received by the user during the use of the Tools regardless of their format (in particular verbal information, documents in written or electronic form, samples of any kind, specifications, software, source code, drafts, techniques and proceedings – including any copies or derivatives made thereof, even if of electronic character).
- The confidentiality obligations hereunder shall not apply to Confidential Information if and to the extent that
- Such Confidential Information was already lawfully in its possession prior to disclosure and without confidentiality obligation;
- Such Confidential Information was disclosed without its fault or otherwise became generally known through with no fault of the user;
- Such Confidential Information was lawfully disclosed to the user by one or more third parties after acceptance of these Terms without confidentiality obligation, i.e. without breach of this Agreement by the user;
- It is explicitly released for disclosure by Exactag;
- It has been independently developed by the user at the time these Terms became effective or thereafter, regardless of disclosure by Exactag; and/or
- It must be disclosed in accordance with statutory or administrative provisions, if Exactag is immediately notified of this requirement and the scope of the disclosure is restricted as far as possible, or must be disclosed pursuant to a court or administrative decision, if Exactag is immediately notified of this decision and if there is no possibility to challenge the decision.
The user invoking the foregoing exceptions shall bear the burden of proof.
4. IP
- Exactag holds all rights and titles in the Tools, their documentation and all other services provided to the user, including but not limited to Confidential Information, concepts, specifications, integration scenarios, examples of code including all related copies and including all patents, technical property rights, trademarks, copy rights and rights to business secrets of Exactag.
- No provision of these Terms shall expressly or impliedly be construed as conferring any right or license in respect of the Confidential Information and/or the Tools, unless otherwise explicitly set out hereunder.
5. IT-Security
The user undertake to observe the latest technology standards with respect to data security and the protection of Confidential Information. The user will notify Exactag on existing and potential security holes in text form.
6. Liability
- The user is entirely responsible for the use of the Tools and is liable according to the statutory rules.
- Exactag is not liable for the offered support for the Tools as well as for recommendations, advices, hints or any similar non-binding actions in and beyond of these Terms, especially for distribution or shifting of the advertising budget („Indicative Information“). Exactag assumes no liability for the accuracy, correctness, quality or completeness of the Tools, the Confidential Information or the Indicative Information (both together “Exactag Info”) and that the user may use the Tools and the Exactag Information. Exactag shall not be liable to the user for damages suffered through the usage of the Tools or the Exactag Info, whether or not these Terms permit such use, or by its reliance on the completeness and accuracy of the Tools or the Exactag Info.
7. Indemnification
The user shall hold Exactag any of its affiliated enterprises according to Sections 15 et seq. Stock Corporation Act (AktG) fully indemnified against claims of third parties (including statutory legal costs) made against Exactag Customer for breach of patent, intellectual property, trademark or other third-party rights by Exactag any of its affiliated enterprises relating to the use of the Tools and the Confidential Information.
8. Contractual Penalty
For every culpable breach of these Terms, Exactag may impose a contractual penalty in an amount in Exactag’s reasonable discretion and which is subject to review by the competent court. The user may not claim continuation of offence. The contractual penalty will be credited against any eventual damages.
9. Destruction of Confidential Information, post-contractual Obligation
- As soon as the usage rights end, the user must destroy the Confidential Information and confirm the destruction immediately in text form, unless applicable laws require continuous storage. The obligation of destruction excludes Confidential Information which is automatically backed up by back-up systems and where there is no systematic access. Otherwise, there is no right of retention.
- The user undertakes to comply with these Terms for a period of 2 years after the end of the usage rights.
10. Miscellaneous
- Exactag reserves the right to amend these Terms at any time. Exactag shall notify intended changes of these Terms to the user. The changes will be deemed approved if the user does not raise objections in writing. Exactag shall provide a special notice as to this consequence in the announcement of the changes. The written objection must be received by Exactag within 4 weeks of the notification of the changes. If such objection is raised, the Terms will remain in force without the proposed changes.
- Place of execution of all services by Exactag is Düsseldorf.
- Only German law applies under exclusion of its conflict of law provisions and the United Nations Convention on the International Sales of Goods from 11 April 1980.
- Any disputes under these Terms may be brought exclusively (if legally permissible) in the courts located in Düsseldorf, Germany and the parties hereby consent to the personal jurisdiction and venue of these courts.
- Should one or several provisions of these Terms be or become fully or partly invalid, the validity of the remaining provisions of these Terms will not be affected thereby.
Date: Jan 2026