Terms of Service

1.1 These Terms and Conditions (“T&C”) apply to all business relationships between ByteIT GmbH, Apostelnstrasse 19 50667 Cologne, (“Provider”) and its business customers (“Customer”) regarding the use of the Provider’s data processing services. 1.2 The Provider’s services are intended primarily for business customers within the meaning of § 14 BGB. Individual users may access the service, but consumer-specific rights apply only where mandatory law requires them. 1.3 Deviating, conflicting, or supplementary terms and conditions of the Customer shall not apply unless expressly agreed in writing.

2.1 The Provider offers a data processing service that enables Customers to upload documents and files in various formats (e.g., PDF, Word, Excel, CSV, TXT, JSON, XML; full list available on the Provider’s website). 2.2 The uploaded data is processed according to the selected plan, technical configuration, and service options available at the time of use. 2.3 The output is delivered as a structured JSON file, which may be used by the Customer to customize generative AI models or for other permitted purposes. 2.4 The Provider may also offer custom solutions upon request. In such cases, specific contractual terms may apply in addition to or instead of these T&C.

3.1 The Customer selects the desired service tier on the Provider’s platform. Current plans, features, and prices are shown on the pricing page. 3.2 Unless expressly agreed otherwise in a written custom agreement, the Customer agrees that uploaded data and generated output may be used by the Provider for improving, training, and optimizing its models and services (see Section 4.1). 3.3 Payment is processed via Stripe. After successful payment, the Customer receives corresponding parsing credits in their account. 3.4 The Customer may then upload documents for processing. 3.5 The parsed data can be downloaded by the Customer once processing is complete. 3.6 Unless expressly agreed otherwise in writing, all fees are non-refundable, including subscription fees and purchased credits that have been provisioned. 3.7 The Provider may update prices, features, packaging, and limits from time to time. Updated terms apply prospectively and are published on the pricing page. 3.8 Enterprise and custom plans may include separate commercial terms, service levels (including SLA terms), support commitments, billing rules, and termination rights, which prevail over these T&C in case of conflict.

4.1 Default rule: The Customer grants the Provider a non-exclusive, worldwide, royalty-free right to use uploaded data and generated output for improving, training, and optimizing the Provider’s models and services. 4.2 Contractual exception: If a specific plan, order form, or written custom agreement explicitly states stricter processing terms (including no-training or restricted-use terms), those terms prevail for the affected services. 4.3 In all cases, the Customer retains ownership of their data and generated output. 4.4 The Provider may store uploaded and processed data temporarily as necessary for service provision but does not claim ownership of the data.

5.1 The Customer is solely responsible for ensuring that they have the legal right and all necessary permissions to upload and process the data submitted to the Provider. 5.2 The Customer warrants that no data will be uploaded that: - violates applicable law (e.g., data protection, copyright, trade secrets, criminal law), - contains personal data of third parties without proper authorization, - infringes third-party rights. 5.3 The Provider accepts no liability for any unlawfully uploaded data. Any legal consequences resulting from unauthorized data uploads are the sole responsibility of the Customer.

6.1 The Provider is liable for damages only in cases of intent and gross negligence. 6.2 In cases of slight negligence, the Provider is only liable for breaches of essential contractual obligations (“cardinal obligations”), limited to foreseeable damages typical of the contract. 6.3 Liability for indirect damages, consequential damages, and loss of profit is excluded. 6.4 Mandatory statutory liability (e.g., under the German Product Liability Act) remains unaffected.

7.1 The Provider strives to ensure high availability of the service but does not guarantee uninterrupted, error-free operation. 7.2 Temporary restrictions may occur due to maintenance, technical issues, or circumstances beyond the Provider’s control. 7.3 Any service level targets, response times, or credits apply only if expressly agreed in writing for the relevant plan or order form.

8.1 The Provider treats all uploaded data as confidential and does not disclose it to third parties, unless required by law or in accordance with Section 4. 8.2 Data protection is governed by the Provider’s Privacy Policy, which is available separately on the Provider’s website.

9.1 Customers may request custom offers. 9.2 For such offers, separate contractual agreements may apply, which shall prevail over these T&C in case of conflict.

10.1 These T&C are governed by the laws of the Federal Republic of Germany, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). 10.2 Exclusive place of jurisdiction for all disputes arising from or in connection with these T&C is Cologne, Germany.

11.1 If any provision of these T&C is or becomes invalid, the validity of the remaining provisions shall remain unaffected. 11.2 Changes or amendments to these T&C must be made in writing to be effective.