Last modified:
November 08th, 2024
Your Agreement with 1Protection.AI
1.1 Your use of the 1Protection.AI service is governed by this agreement (the "Terms"). "1Protection.AI" means HeySaaS GmbH and its subsidiaries or affiliates involved in providing the 1Protection.AI Service. The "1Protection.AI Services" means the services 1Protection.AI makes available through this website, including the 1Protection.AI cloud computing platform, the 1Protection.AI API, the 1Protection.AI extensions, and any other software or services offered by 1Protection.AI in connection with any of the above.
1.2 In order to use the 1Protection.AI Services, you must first agree to the Terms. You agree to the Terms through the actual use of the 1Protection.AI services. You understand and agree that 1Protection.AI will treat your use of the 1Protection.AI Services as acceptance of the Terms from that point onwards.
1.3 You may not use the 1Protection.AI Services if you are a person barred from receiving the 1Protection.AI Services under the laws in Germany or in other countries, including the country in which you are resident or from which you use the 1Protection.AI Services.
1.4 You agree that your purchases of 1Protection.AI Services are not contingent on the delivery of any future functionality or features nor are they dependent on any oral or written public comments made by 1Protection.AI or any of its affiliates regarding future functionality or features.
1.5 The 1Protection.AI service offerings are directed only to business customers. Standard business conditions of the customer do not apply, regardless of whether we expressly object to them in a particular case or not.
Your Account and Use of the 1Protection.AI Services
2.1 You must provide accurate and complete registration information when registering to use the 1Protection.AI Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify 1Protection.AI immediately.
2.2 Your use of the 1Protection.AI Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
2.3 You agree that you will not (a) access (or attempt to access) the administrative interface of the 1Protection.AI Services by any means other than through the interface that is provided by 1Protection.AI in connection with the 1Protection.AI Services, unless you have been specifically allowed to do so in a separate agreement with 1Protection.AI, or (b) engage in any activity that interferes with or disrupts the 1Protection.AI Services (including the servers and networks which are connected to the service).
2.4 You may only use the 1Protection.AI Services for prevention against data leaks and/or for protection against data leaks upon their occurrence during use. You may not access the 1Protection.AI Services for the purpose of creating a product or service competitive with the 1Protection.AI Services.
Service Policies and Privacy
3.1 The 1Protection.AI Services shall be subject to the privacy policy available at: https://1protection.ai/privacy. You agree to the use of your data in accordance with 1Protection.AI's privacy policies.
3.2 You agree that you will protect the privacy and legal rights of end users of your application. You must obtain any consents required by applicable data protection laws and provide a privacy notice, access, and protection for end users which is legally compliant under the laws applicable. If end users provide you with usernames, passwords, or other login information or personal information, you must make the end users aware that the information will be available to your application and to 1Protection.AI.
Fees for Use of the 1Protection.AI Services
4.1 Subject to the Terms, the 1Protection.AI Services are provided to you without charge up to certain limits. Usage above these limits requires your purchase of additional resources or services. The prices for such resources and services can be found on the pricing page, available at: https://1protection.ai/pricing.
4.2 Depending on the selected method of payment you will be charged for all resources and services purchased monthly or at the interval indicated in the 1Protection.AI fees and payment policies, if otherwise. Late payments will bear interest at the annual rate of 9 % above the base interest rate (or the highest rate permitted by law, if less). Prices are exclusive of taxes. You are responsible for paying all taxes and government charges, together with all reasonable expenses and attorney’s fees incurred by 1Protection.AI because of the collection of late payments. To the fullest extent permitted by law, you waive all claims relating to the amounts charged unless claimed within 30 days after the charge date (this does not affect your credit card issuer rights). Charges are solely based the volume of your use of the 1Protection.AI Services as recorded by 1Protection.AI, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of 1Protection.AI and only in the form of credit for use of the 1Protection.AI Services. Nothing in these Terms obligates 1Protection.AI to issue a credit to any party. You acknowledge and agree that any method of payment and related billing and payment information that you provide to 1Protection.AI may be shared by 1Protection.AI with companies who work on 1Protection.AI's behalf, such as payment processors and/or credit agencies, solely for the purposes of carrying out credit checks, effecting payment to 1Protection.AI and servicing your account. 1Protection.AI may also share information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 1Protection.AI shall not be liable for any use or disclosure of such information by such third parties. 1Protection.AI reserves the right to discontinue the provision of the 1Protection.AI Services to you in the event of any late payments.
4.3 The payment will be processed via the payment service provider Stripe Inc. 354 Oyster Point Blvd. South San Francisco, CA 94080 (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to you on 1Protection.AI's website. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, about which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/.
4.4 1Protection.AI utilizes Stripe and custom technology to accept credit card information, banking information and other information relevant to processing transactions and to facilitating pay ins or payouts.
If the payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Stripe reserves the right to perform a check for the selected payment method and to reject this payment method where the check result is negative.
Content on the 1Protection.AI Services and Take Down Obligations
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) to which you may have access as part of, or through your use of, the 1Protection.AI Services are the sole responsibility of the person from whom such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the 1Protection.AI Services and any source code written by you to be used with the 1Protection.AI Services (collectively, "Applications").
5.2 1Protection.AI reserves the right (but shall have no obligation) to remove any or all Content from the 1Protection.AI Services or request you to do so. If you elect not to comply with a request from 1Protection.AI to take down certain Content, 1Protection.AI reserves the right to directly take down such Content or to disable Applications.
5.3 You agree that you are solely responsible for (and that 1Protection.AI has no responsibility to you or to any third party for) the Applications or any Content that you create, transmit or display while using the 1Protection.AI Services and for all consequences of your actions (including any loss or damage which 1Protection.AI may suffer).
5.4 You acknowledge that you are solely responsible for securing and backing up your Applications and any Content. You therefore agree that 1Protection.AI has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the service.
Proprietary Rights
6.1 You acknowledge and agree that 1Protection.AI (or, where applicable, 1Protection.AI's licensors), unless stated otherwise, own all legal right, title and interest in and to the 1Protection.AI Services, including any intellectual property rights which subsist in the 1Protection.AI Services (irrespective of whether such rights are registered or not, and wherever in the world such rights may exist).
6.2 Except as provided in Section 8, 1Protection.AI acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the 1Protection.AI Services, including any intellectual property rights which subsist in that Content and the Application (whether such rights are registered or not, and wherever in the world such rights may exist). Unless you have agreed otherwise in writing with 1Protection.AI, you agree that you are responsible for protecting and enforcing such rights and that 1Protection.AI has no obligation to do so on your behalf.
License from 1Protection.AI and Restrictions
7.1 1Protection.AI grants you a revocable, personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable and non-exclusive license to use the software provided to you by 1Protection.AI as part of the 1Protection.AI Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the 1Protection.AI Services as provided by 1Protection.AI, in the manner permitted under these Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the 1Protection.AI Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 1Protection.AI, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the 1Protection.AI Services or any applications running on the 1Protection.AI Services; or (c) use the 1Protection.AI Services in any way that may subject the 1Protection.AI Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to 1Protection.AI's patent or other intellectual property rights in the 1Protection.AI Services.
7.3 Open source software licenses for components of the 1Protection.AI Services released under an open source license constitute separate written agreements. In limited circumstances the open source software licenses expressly supersede these Terms and in such circumstances the open source licenses govern your agreement with 1Protection.AI for the use of the components of the 1Protection.AI Services released under an open source license.
Term, Termination of Use
8.1 The contract concluded between 1Protection.AI and you under these Terms shall run for an unlimited period, except in the case of a free trial-period. For customers operating as a business the contract shall run for a period of not less than 12 months (“Initial Period” and until terminated by either party in accordance with 8.2.
8.2 Depending on the subscription model, the contract can be terminated monthly at the end of the month or annually at the end of the term.
When you are a customer operating as a business you may duly terminate the contract after the Initial Period has expired with effect for the future at any time by deleting your account with 1Protection.AI. 1Protection.AI may duly terminate the contract by closing your account but shall observe a notice period of four (4) weeks. 1Protection.AI will inform you of such termination in text form (email shall suffice).
8.3 The rights of the parties to terminate the contract for good cause remain unaffected. 1Protection.AI shall have the right to terminate the contract for good cause in the following circumstances in particular: 1. Discontinuance of the services; 2. Use of the services by the customer to facilitate illegal behavior, in particular criminal acts or preparatory acts for the committing of crimes; 3. Use or exploitation by the customer of bugs or other technical faults of the services to cause unintended or unanticipated behavior, 4. Repeated breaches of these Terms by the customer and a failure to remedy such breach despite having been put on notice by 1Protection.AI; 5. as Any behavior that is likely to endanger the protection of minors.
8.4 You are solely responsible for exporting your Content and Application(s) from the 1Protection.AI Services prior to termination of 8.4 Termination by 1Protection.AI for cause shall be without prejudice to all other legal remedies including, but without limitation, to damages and compensation for losses. account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
Modifications to Services, Changes to these Terms
9.1 1Protection.AI is constantly innovating to provide the best possible experience for its users. 1Protection.AI therefore reserves the right to change, amend and/or modify the services partly or in full in accordance with the internal development cycle, in particular to introduce new functionalities to the services. In doing so, 1Protection.AI shall take your legitimate interests into consideration if previously available functionalities are discontinued.
9.2 1Protection.AI further reserves the right to discontinue the services in full. Discontinuation of the services in full shall constitute termination for cause in accordance with Section 8 above.
9.3 1Protection.AI reserves the right to change or supplement these Terms (hereinafter collectively referred to as "Change") thereby taking into account your legitimate interests, for example if functionalities of the services change or where a Change is necessary in the interest of a simpler and/or safer handling of the services and/or to prevent misuse. A Change may furthermore become necessary because of changes in the applicable law or a change in jurisdiction.
9.4 1Protection.AI shall notify you of the Changes to the Terms in text form (email is sufficient) at least 6 weeks in advance and shall specify when the adjusted Terms are to come into effect. You will be asked to agree to the adjusted Terms when you access the services for the first time after the adjusted Terms come into effect. When the modified Terms come into effect, they shall apply to the ongoing relationship of the parties in the updated form.
9.5 If you do not agree to the adjusted Terms, this shall be deemed a termination of the contractual relationship based on the previous Terms in accordance with Section 8 above. 1Protection.AI shall separately point out the legal consequences of the agreement or disagreement to the adjusted Terms in the notification of change. Upon termination of the 1Protection.AI Services or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
Exclusion of warranties
10.1 Nothing in these Terms, including sections 10 and 13, shall exclude or limit the liability of 1Protection.AI under warranty or for losses which may not be lawfully excluded or limited by the applicable law.
10.2 You expressly understand and agree that your use of the 1Protection.AI Service is at your sole risk and that the 1Protection.AI'Services are provided "as is" and "as available."
10.3 1Protection.AI, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the 1Protection.AI Services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, 1Protection.AI, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the 1Protection.AI Services will meet your requirements, (b) your use of the 1Protection.AI Services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the 1Protection.AI Services will be accurate.
Limitation of liability
11.1 Regardless of the legal reason, 1Protection.AI shall only be liable for damages in the event of intent and gross negligence, including intent and gross negligence on the part of legal representatives, employees and other vicarious agents (“Erfüllungsgehilfen”) of 1Protection.AI.
In the event of a breach of a material contractual obligation, where the fulfillment of such obligation is a prerequisite for the proper performance of the legal relationship established by these Terms, its violation jeopardizes the purpose of these Terms and where the customer as a contractual partner may reasonably rely on a due performance of such obligation (cardinal obligations, “Kardinalspflichten”), the liability for simple negligence shall be limited to the amount of the damage foreseeable and typically to be expected at the time of the conclusion of the contract. This limitation of liability also applies to the personal liability of the legal representatives, employees or other vicarious agents (“Erfüllungsgehilfen”) of 1Protection.AI.
The above limitations of liability shall not apply in the event of injury to life, limb, and health of a person, in the event of fraudulent intent and in the absence of a warranted characteristic or an explicit assumption of warranty. Liability in accordance with the German Product Liability Act (“Produkthaftungsgesetz”) shall also remain unaffected.
1Protection.AI is furthermore not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with 1Protection.AI. If you wish to dispute a charge to your account, you must do so within 30 days of the alleged unauthorized charge(s) otherwise such a dispute will be deemed waived by 1Protection.AI. Upon notification of a disputed charge, 1Protection.AI may investigate to determine the amount, if any, considered unauthorized. Attempts to defraud 1Protection.AI using credit cards or other methods of payment, or your failure to honor legitimate charges or requests for payments may result in immediate termination of your account, forfeiture of earnings and/or civil and/or criminal prosecution.
11.2 1Protection.AI shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
11.3 Any further liability of 1Protection.AI is excluded.
Indemnification
You agree to hold harmless, defend and indemnify 1Protection.AI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "1Protection.AI and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the 1Protection.AI Services, (c) your violation of applicable laws, rules or regulations in connection with the 1Protection.AI Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 1Protection.AI will provide you with written notice of such claim, suit or action.
Copyright Policy
You agree to set up a process to respond to notices of alleged infringement that comply with the applicable German intellectual property laws and the United States' Digital Millennium Copyright Act ("DMCA notices"). It is 1Protection.AI's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
Personal Data, Newsletter
1Protection.AI shall process personal data provided by you in accordance with applicable data protection laws. Personal data provided by you will be used without your separate consent for the purpose of fulfilling and processing the contractual relationship for the provision of the services under these Terms.
In individual cases, 1Protection.AI may process personal data if there is a legitimate interest, whereby in these cases we primarily consider your legitimate interests. In these cases, when we are processing personal data based on a legitimate interest, you have the right to object.
Personal data will not be disclosed to third parties without your consent, unless 1Protection.AI is required or authorized to do so by law, for example to enforce claims arising from the usage of the services.
At no point will we sell your personal data to a third party or use it to further train our language models.
Details regarding collected data, its use, and the rights of data subjects are set forth in our Privacy Policy available at: https://1protection.ai/privacy.
Other Content
15.1 The 1Protection.AI Services may include hyperlinks to other websites or content or resources or email content. 1Protection.AI may have no control over any websites or resources which are provided by companies or persons other than 1Protection.AI.
15.2 You acknowledge and agree that 1Protection.AI is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that 1Protection.AI is not liable for any loss or damage which may be incurred by you or your end users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Export regulations
16.1 and the supply of the services (performance of the contract) is subject to the proviso that there are no obstacles to performance due to national or international export control regulations, in particular embargoes or other sanctions. The customer undertakes to provide all information and documents required for export purposes. Delays due to inspections or approval procedures shall suspend performance. If the necessary approvals are not granted or if the and the supply of the services cannot be approved, the contract shall be deemed not to have been concluded regarding the parts concerned.
16.2 1Protection.AI shall be entitled to terminate the contract without notice if termination is necessary to comply with national or international legal provisions.
16.3 In the event of termination in accordance with Section 16.2, the assertion of damages or the assertion of other rights by the customer due to the termination is excluded.
16.4 When using the technology provided by 1Protection.AI to third parties at home and abroad, the customer must comply with the applicable provisions of national and international (re-)export control law.
Dispute Resolution and Arbitration
17.1 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the German Association for Law and Information Technology ( Deutsches Gesellschaft für Recht und Informatik e.V. (DGRI)).
17.2 The seat of arbitration shall be Berlin, Germany. The language to be used in the arbitral proceedings shall be English.
General Legal Terms
18.1 Except to the extent that you and 1Protection.AI have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and 1Protection.AI and govern your use of the 1Protection.AI Services (but excluding any services which 1Protection.AI may provide to you under a separate written agreement), and completely replace any prior agreements between you and 1Protection.AI in relation to the 1Protection.AI Services.
18.2 There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates a consultancy, agency, partnership, or joint venture.
18.3 If 1Protection.AI provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 1Protection.AI shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, nuclear missiles, chemical or biological weapons, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.5 The Terms, and your relationship with 1Protection.AI under the Terms, shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods dated 11.4.1980).
18.6 The courts for 1Protection.AI's registered office shall have exclusive jurisdiction over all disputes under and in connection with these Terms, provided that you are acting in the course of a business (as a merchant) within the meaning of the German Civil Code (Bürgerliches Gesetzbuch) or if upon the commencement of legal proceedings, you have no place of business or ordinary residence in the Federal Republic of Germany.
18.7 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of 1Protection.AI (not to be unreasonably withheld).
18.8 Anywhere a provision of these Terms is or becomes invalid, this shall not affect the validity of the remaining Terms. The parties undertake to replace the invalid provision with a substitute provision that comes as close as possible to the invalid provision in economic and legal terms. The same shall apply in the event of a regulatory gap.