Terms & Conditions
Version: 30.08.2026
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Nadek UG (haftungsbeschränkt) (hereinafter referred to as “Provider”), apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter referred to as 'SaaS’) that a consumer or entrepreneur (hereinafter referred to as “Client”) concludes with the Provider with regard to the services described by the Provider on its website. The subject matter of the contract is the provision of software (hereinafter referred to as “Software”) in digital form via the Internet for a fee and for a period limited to the term of the contract, as well as the provision of storage space on the Provider's servers. The inclusion of the Client's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 If the Software is also or exclusively provided via a mobile application (hereinafter “App”), the following provisions shall apply accordingly, unless expressly provided otherwise. Furthermore, the use of the App may be subject to different terms and conditions of the relevant app store operator, to which the customer may be made aware during the ordering process of the relevant app store. Insofar as the terms and conditions of the app store operator differ from these terms and conditions, the terms and conditions of the app store operator shall take precedence. 1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. 1.4 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 1.5 The Software may contain links to third-party services. These GTC do not apply to such services that are not provided by the Provider but by a third party. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. These services are governed exclusively by the terms and conditions used by the third-party provider or the statutory provisions governing the relationship between the Client and the third-party provider. In this respect, the Provider merely facilitates technical access to these services.
2) Services of the Provider
2.1 The Provider shall provide the Client with Software in digital form via the Internet for the duration of the agreed contract period. To this end, the Provider shall enable the Client to access the Software, which shall remain on the Provider's server. The range of functions and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider is only responsible for providing the Software with the functionalities defined in more detail in the service description. In particular, the Provider is not responsible for establishing and maintaining the data connection between the Client's IT system and the Provider's server. 2.2 The Software is updated by the Provider at irregular intervals. Accordingly, the Client only receives a right to use the software in its current version. The Client has no claim to the creation of a specific state of the Software. 2.3 The Provider's services are offered subject to availability. 100 percent availability is technically impossible and therefore cannot be guaranteed to the Client by the Provider. However, the Provider endeavors to keep the service available as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond the Provider's control (disruptions to public communication networks, power outages, etc.), may lead to disruptions or temporary shutdowns of the service. 2.4 The Provider shall take state-of-the-art measures to ensure data security. However, the Provider shall not be subject to any duty of safekeeping or custody. The Client is responsible for ensuring adequate data security. 2.5 The Provider shall provide the Client with an operating manual in electronic form. 2.6 Unless otherwise specified in the service description on the Provider's website, the Provider shall not be obligated to provide any support beyond the contractual maintenance obligations for the Software. 2.7 To the extent that the Provider also makes AI-supported functions available to the Client within its Software, the following provisions shall apply additionally in this regard: 2.7.1 No guarantee is provided regarding the success of the generated results in terms of specific quality, factual accuracy, completeness, or usability, as these results are based on probabilistic models and depend on the quality, completeness, and currency of the data provided by the Client, as well as the publicly accessible data sources utilized by the Software. In particular, due to the nature of probabilistic AI models, differing results may be generated from identical inputs at different times. 2.7.2 Unless otherwise agreed between the parties, the Provider does not owe the exclusivity of the results. The Provider expressly points out to the Client that overlaps may occur between results generated for different Clients, as the Software operates based on publicly accessible data sources and multiple clients may define comparable parameters. 2.7.3 The results generated using the Software are provided to the Client on an "as is" basis. The Provider makes no warranties regarding the accuracy, completeness, suitability, or usability of the generated results, unless expressly agreed otherwise between the parties. The Client is responsible for independently verifying the generated results and ensuring their suitability for the intended purpose. 2.7.4 The Provider is entitled to use AI models and systems from third-party providers in the course of providing the services. The Provider ensures that the third-party providers are contractually obligated to comply with data protection requirements. Any transfer of personal data to third-party providers outside the EU/EEA takes place only in compliance with statutory requirements.
3) Changes to Services
3.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Client. 3.2 The Provider also reserves the right to change the services offered or to offer different services - if it is obliged to do so due to a change in the legal situation; - if it does so in order to comply with a court ruling or an official decision against it; - if the respective change is necessary to close existing security gaps; - if the change is solely advantageous for the Client; or - if the change is purely technical or procedural in nature and has no significant impact on the Client. 3.3 Changes that have only an insignificant impact on the Provider's services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.
4) Conclusion of Contract
4.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider but are intended for the submission of a binding offer by the Client. 4.2 The Client can submit the offer using the online order form provided on the Provider's website. After entering their personal data, the Client submits a legally binding contractual offer with regard to the selected services by clicking the button that completes the ordering process. 4.3 The Provider may accept the Client's offer within five days - by sending the Client a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Client is decisive, or - by requesting payment from the Client after the Client has placed their order. If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Client sends the offer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Client's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Client is no longer bound by their declaration of intent. 4.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after conclusion of the contract and transmitted to the Client in text form (e.g., e-mail, fax, or letter) after the Client has submitted their order. The Provider will not make the contract text available beyond this. If the Client has set up a user account for the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed by the Client free of charge via their password-protected user account by entering the corresponding login data. 4.5 Before placing a binding order via the Provider's online order form, the Client can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Client can correct their entries using the usual keyboard and mouse functions until they click on the button that completes the ordering process. 4.6 The English language is available for the conclusion of the contract. 4.7 Order processing and contact are usually carried out by e-mail and automated order processing. The Client must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Provider can be received at this address.
5) Right of Withdrawal
Clients generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.
6) Granting of Rights of Use by the Provider
6.1 The Provider is the owner of all rights of use required to provide the Software. Unless otherwise stated in the service description on the Provider's website, the Provider grants the Client the non-exclusive, non-transferable right to use the Software for private and business purposes within the scope of these GTC for the duration of the contract. Any use of the Software beyond this is not permitted. 6.2 To the extent that the Provider makes AI-supported functions available for the performance of its contractual obligations, it informs the Client that, as a rule, no intellectual property rights—and in particular no copyrights—arise in the results generated through the use of the Software. Should rights nevertheless arise in the generated results, the Provider grants the Client a non-exclusive right of use regarding said results, in accordance with the preceding provisions governing the granting of rights of use by the Provider. The generated results may also be passed on to third parties.
7) Granting of Rights of Use by the Client
The Provider is entitled to use content and information provided to it by the Client for the service within the scope of its contractual obligations and whose processing is necessary for the proper provision of services. The Client grants the Provider, free of charge, non-exclusively and for the duration of the contract, the necessary rights of use, in particular the right to permanent provision and storage, the right to reproduction and the right to processing, and warrants that it is entitled to grant these rights of use.
8) Client Obligations
8.1 The Client shall ensure that the hardware and software used by them, including workstation computers, routers, data communication devices, etc., meets the minimum technical requirements for using the currently offered software version. 8.2 The Client is obliged to protect and store the access data provided to them in accordance with the state of the art against access by third parties. The Client shall ensure that use is only made to the extent contractually agreed. Unauthorized access by third parties must be reported to the provider immediately. 8.3 The Client may not store any data on the storage space provided whose use violates applicable law, official requirements or orders, the rights of third parties, or agreements with third parties. 8.4 The content stored by the Client in the storage space designated for them may be protected by data protection laws. The Client is responsible for checking whether their use of personal data complies with data protection requirements. 8.5 The Client is responsible for regularly performing appropriate data backups. 8.6 The Client is obligated to check their data and information for viruses or other harmful components before entering it and to use state-of-the-art measures (e.g., virus protection programs) for this purpose. 8.7 The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation, is prohibited. 8.8 To the extent that the Provider also makes AI-supported functions available to the Client within its Software, the following provisions shall apply additionally in this regard: 8.8.1 Results generated for the Client may contain personal data due to automated data processing, even if the Client did not input such data. Before using the generated results outside the Software, the Client is required to independently verify whether they contain personal data or third-party trade secrets and to ensure the existence of the necessary legal basis for using such data. Furthermore, the Client is required not to input personal data or third-party trade secrets into the Provider's Software unless strictly necessary for the contractually agreed purpose of use and the Client is authorized to process such data. 8.8.2 The Client is obliged to comply with: - the applicable statutory labeling requirements for AI-generated content when reusing the generated results, - information obligations towards data subjects. The Provider shall make the information necessary for the fulfillment of these obligations available to the Client upon request. 8.8.3 The Client acknowledges that, due to the nature of AI models, the Provider's Software may in exceptional cases produce erroneous or incomplete results (so-called "hallucinations"). The Client undertakes to verify the plausibility and accuracy of the results generated by the Software before using them further.
9) Remuneration and Payment Terms
9.1 Unless otherwise stated in the Provider's service description, the prices quoted are total prices that include statutory Value Added Tax (VAT). 9.2 The payment options and payment terms are communicated to the Client on the Provider's website. 9.3 If you select a payment method offered via the payment service “Stripe,” payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Client on the Provider's website. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the Client separately if necessary. Further information about Stripe is available on the Internet at https://stripe.com/de.
10) Contract Term and Termination
10.1 The contract is concluded for an indefinite period, but for at least the duration of the Provider's first billing interval (Minimum Term). During the Minimum Term, the contract may be terminated at any time effective at the end of the Minimum Term; following the expiration of the Minimum Term, it may be terminated at any time effective at the end of a subsequent billing interval of the Provider. The applicable billing intervals are set out in the service description on the Provider's website. 10.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, considering all circumstances of the individual case and weighing the interests of both parties. 10.3 Terminations can be made in writing, in text form (e.g., by e-mail), or in electronic form using the termination feature (termination button) provided by the provider on its website. 10.4 Following the termination of the paid contract, the Client may continue to access certain free basic functions of their user account, as set out in the provider’s description of services, until the contract is finally terminated. This does not apply if the notice of termination, by its terms, has terminated the contract in its entirety with immediate effect. Once the contract has been fully terminated, the Client loses access to their user account. Furthermore, the provider’s obligation to store data uploaded by the Client ceases upon termination of the contract.
11) Liability for Defects
11.1 If the Client is acting as a Consumer, the provisions of statutory liability for defects shall apply. 11.2 If the Client is acting as a Trader, the provisions of statutory liability for defects shall apply, subject to the following restrictions. 11.2.1 The Client must immediately notify the Provider of any defects, malfunctions, or damage that occur. 11.2.2 The statutory liability for defects for only minor reductions in the suitability of the service is excluded. 11.2.3 Strict liability pursuant to Section 536a (1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded. 11.2.4 Termination by the Client due to failure to grant contractual use is only permissible if the Provider has been given sufficient opportunity to remedy the defect and this has failed. Remedying the defect shall only be deemed to have failed if it is impossible, if it is refused or unreasonably delayed by the Provider, if there are justified doubts as to the prospects of success, or if it is unreasonable for the Client for other reasons.
12) Liability
12.1 The Provider is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows: 12.2 The Provider is liable without limitation for any legal reason - in the event of intent or gross negligence, - in the event of intentional or negligent injury to life, body or health, - due to a guarantee promise, unless otherwise regulated in this regard, - due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz). 12.3 If the Client is a consumer resident in Germany or a business, the following limitations of liability apply: If the Provider negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Provider, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Provider’s liability is excluded, unless the Provider is liable without limitation in accordance with the preceding clause. 12.4 The above liability provisions also apply with regard to the liability of the Provider for his vicarious agents and legal representatives.
13) Indemnification
The Client shall indemnify the Provider against all claims asserted against the Provider by other customers or other third parties due to infringement of their rights based on content posted by the Client or due to other use by the Client. The Client shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the Client is not responsible for the infringement. In the event of a claim by third parties, the Client is obligated to provide the Provider immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
14) Confidentiality
The Provider undertakes to maintain confidentiality regarding all confidential information that comes to its knowledge in connection with this contract and its implementation and not to disclose such information to third parties. Confidential information is information that is marked as confidential or whose confidentiality is apparent from the circumstances, regardless of whether it has been communicated in written, electronic, physical, or oral form. The confidentiality obligation does not apply if the Provider is required by law or by a valid or final decision of an authority or court to disclose the confidential information.
15) Amendment to the Terms and Conditions
15.1 The Provider reserves the right to change these GTC at any time, provided that the Client agrees to the change. 15.2 The Provider also reserves the right to amend these GTC without the Client's consent - if it is obliged to do so due to a change in the legal situation; - if it does so in order to comply with a court ruling or an official decision against it; - if it introduces additional, entirely new services or service elements that require a service description in the GTC, unless this adversely affects the previous usage relationship; - if the change is solely advantageous for the Client; or - if the change is purely technical or procedural, unless it has a significant impact on the Client. 15.3 The Provider shall inform the Client of any significant changes to these GTC in a timely manner and in an appropriate form. Significant changes are those that would significantly disadvantage the Client or be equivalent to the conclusion of a completely new contract. These include, for example, provisions regarding the type and scope of the service or the contract term and termination conditions. 15.4 The Client's right of termination remains unaffected by this.
16) Applicable Law, Place of Jurisdiction
16.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn. 16.2 If the Client is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider. If the Client is based outside the territory of the Federal Republic of Germany, the place of business of the Provider shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Client's professional or commercial activity. In the above cases, however, the Provider shall in any case be entitled to bring an action before the court at the Client's place of business.
17) Alternative Dispute Resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Withdrawal instruction & withdrawal form
Want to withdraw from your contract? Use our online withdrawal function:
Introduction
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
Right to cancel
You have the right to cancel this contract within 14 days without giving any reasons. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise your right to cancel, you must inform us (Nadek UG (haftungsbeschränkt), Friedrichstraße 155, 10117 Berlin, Germany, Phone.: +4915736704839, e-mail: contact@tripsight.app) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also exercise your right of withdrawal online via the website at the internet address https://tripsight.app/widerruf. If you use this online feature, you will be sent an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising,if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Exclusion and/or premature expiration of the right to cancel
The right to cancel becomes extinct if we have completely provided the service and we began with the performance of the service only after you had given your express consent thereto and concurrently acknowledged that you would lose the right to cancel the contract once we had fully performed it.
Model withdrawal form
If you wish to cancel this contract, please complete and submit this form. Nadek UG (haftungsbeschränkt) Friedrichstraße 155 10117 Berlin Germany e-mail: contact@tripsight.app I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*), _______________________________________________________ _______________________________________________________ Ordered on (*) ____________ / received on (*) __________________ ________________________________________________________ Name of consumer(s) ________________________________________________________ Address of consumer(s) ________________________________________________________ Signature of consumer(s) (only if this form is notified on paper) _________________________ Date (*) Delete as appropriate
These legal texts were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).