Terms & Conditions
General Terms & Conditions
We, the KAZIMI UG located at Baseler Str. 51, 12205 Berlin ("KAZIMI") provide you, the Customer ("Customer") with access to our cloud-based platform ("KAZIMI Platform") through our tailor-made KAZIMI library ("KAZIMI Library"), which is integrated into the Customer’s mobile app. If the Customer operates multiple mobile apps, each app requires an individual, tailor-made version of the KAZIMI Library to be integrated for our services to properly operate. The KAZIMI Platform offers services to assist app publishers in verifying the usage of their respective mobile app (the access to the KAZIMI Platform, as well as using the tools and services provided thereunder together: the "Services").
The Services can be accessed online and via API access by you as a Customer, as well as by employees or partners selected by you. Any individual who accesses the Services via an individual account shall be referred to in the following as a user ("User"). KAZIMI and the Customer are hereinafter jointly referred to as the Parties ("Parties") and individually as the Party ("Party"). The following general terms and conditions (the "KAZIMI GTC") govern the use of the Services by the Customer:
General Information
1.1 Unless otherwise agreed in writing, access to the Services is exclusively subject to the KAZIMI GTC in their currently valid version, together with any terms set out in the separate purchase order agreed between KAZIMI and the Customer referencing these KAZIMI GTC (the "Customer Purchase Order").
1.2 The KAZIMI GTC with its Annexes and the Customer Purchase Order together form the agreement governing the entire contractual relationship between KAZIMI and the Customer (the "Agreement").
1.3 In the event of any conflict between the documents forming this Agreement, the following order of precedence shall apply: (i) the Customer Purchase Order, (ii) the KAZIMI GTC, (iii) any supplementary documents.
1.4 By using the Services, the Customer acknowledges these KAZIMI GTC as binding and assures that any data submitted is both correct and complete. Recognition of the KAZIMI GTC is a prerequisite for the use of the Services. Deviating or conflicting general terms and conditions of the Customer do not apply unless expressly agreed to in writing.
1.5 The contractual relationship between the Parties with their respective obligations is established by offer and acceptance of the Customer Purchase Order in text form (i.e. via e-mail or in writing).
The KAZIMI Platform is intended exclusively for use by traders (Unternehmer) within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Therefore, no right of withdrawal (Widerrufsrecht) pursuant to sections 312 g and 355 BGB shall apply. The Customer confirms that they enter into this Agreement solely in their capacity as a trader (Unternehmer) and not as a consumer (Verbraucher) within the meaning of section 13 of the BGB.
Scope of Services
2.1 After the conclusion of the Agreement, KAZIMI will provide the Customer with access data for the creation of a user account on the KAZIMI Platform via email.
2.2 KAZIMI will provide standard integration and set-up support which is included in the KAZIMI Platform Fee (as defined below). In case the Customer requires additional support, the Parties will enter into a separate service agreement.
2.3 KAZIMI may use subcontractors to provide the Services. The Customer's documents, information and data may be passed on to the subcontractor to the extent necessary for the performance of the Services.
2.4 Only the Customer and/or their authorized employees or selected partners can use the KAZIMI Platform. The Customer is prohibited and undertakes to prohibit their employees and selected partners from transferring their user account to any third-party or allowing any third-party to use their user account. Prior to providing selected partners with access to the KAZIMI Platform, the Customer has to notify KAZIMI in writing (email sufficient) of the respective partner.
2.5 The Services are provided within the limits of the current state of technology.
2.6 KAZIMI reserves the right to modify and/or adapt the Services within the scope of maintenance, support and continuous development through the deployment of patches, updates, upgrades, and new releases, to the extent such modifications are required for technical reasons, to comply with changes in the legal framework, to remedy security vulnerabilities, and/or to improve the software's technical or functional performance. Any such modifications and adaptations shall in any case only be permitted if they are reasonable for the Customer, taking into account their legitimate interests. The right of use set out in Section 4.1 shall apply accordingly to such modifications and adaptations of the Services.
Trial Access
3.1 For testing purposes, KAZIMI may offer at its own discretion certain Services free of charge for a limited period of time. The Parties may agree to a limited trial period ("Introductory Period") regarding the Customer's access to the KAZIMI Platform and the Services.
3.2 During the Introductory Period, either Party may terminate the Agreement with a notice period of one (1) day.
3.3 After expiry of the agreed Introductory Period without termination by either Party, the Agreement will automatically continue for the term and the remuneration agreed in the Customer Purchase Order.
Remuneration
4.1 The Customer's access to the Services is subject to the remuneration agreed between the Parties (the "Platform Fee") in the Customer Purchase Order, which is based on the estimated daily active users ("DAU") verified as well as the number of encryption and decryption cycles performed under the Services. DAU includes human users as well as devices and API calls contacting the Customer's app.
4.2 The Platform Fee is calculated on a monthly basis and shall be paid monthly or on an annual basis and in advance (the "Billing Period"). For this purpose, KAZIMI shall invoice the Customer at the beginning of each Billing Period for the Services agreed in the Customer Purchase Order. The invoice shall be due within 10 business days upon receipt.
4.3 At the end of each month, KAZIMI will notify the Customer on the total number of encryption and decryption cycles performed under the Services. After lapse of the agreed Billing Period, in case the actual number of encryption and decryption cycles exceeds the estimates agreed in the Customer Purchase Order, KAZIMI will invoice the outstanding amount, which is calculated on the overage prices of encryption and decryption cycles as agreed in the Customer Purchase Order, payable within 30 days of receipt.
4.4 All payments to be made under the Agreement are net amounts. Any applicable taxes, in particular the statutory value added tax, shall be paid additionally by the Customer, as applicable.
License Grant
5.1 KAZIMI hereby grants to the Customer a non-exclusive, revocable, non-transferable and non-sublicensable right to use the Services in connection with the subject matter of the Agreement. This right of use is limited to the term of the Agreement and relates exclusively to the current status and scope of the Services provided by KAZIMI during the term of the Agreement. The Customer shall not receive any further rights, for example to the software applications or operating software which the Services are based on. With the exception of the provisions set out in this Section 4.1or unless otherwise agreed in writing, the Customer may only use the Services (i) for its own business purposes and (ii) by its own employees and selected partners as set out in Section 2.4.
5.2 The Customer hereby grants to KAZIMI a non-exclusive, non-transferable, worldwide and royalty-free right to use, reproduce, modify (to the extent necessary), and otherwise exploit any intellectual property rights owned or controlled by the Customer ("Customer IP") solely to the extent required for KAZIMI to perform its obligations under the Agreement. This right shall be limited to the term of the Agreement and shall not include any right to sublicense the Customer IP, except where such sublicensing is strictly necessary for the proper performance of KAZIMI's contractual obligations and subject to prior written consent (email sufficient) by the Customer. The Customer warrants that they hold all rights necessary to the Customer IP to grant such usage rights to KAZIMI without infringing any third-party rights.
Availability, Transfer Point
6.1 KAZIMI shall be responsible for providing access to the KAZIMI Platform and the Services at the transfer point. The transfer point is the data interface of the KAZIMI data centre or the service provider commissioned by KAZIMI to provide a data centre on which the KAZIMI Platform is operated.
6.2 The Customer is solely responsible for connecting to the necessary telecommunications infrastructure and, via such infrastructure, to the Services, for providing the required interfaces and technical prerequisites for using the Services, as well as for selecting appropriate user settings to ensure uninterrupted use of the Services. KAZIMI is under no obligation to verify whether Customer's systems meet the technical requirements to use the Services.
6.3 The responsibility of KAZIMI for the availability of the KAZIMI Platform and the Services ends at the transfer point. KAZIMI shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for downtime resulting from scheduled maintenance and events beyond KAZIMI’s control. For details on the availability of the Services and resolution times, please refer to the service level agreement, if applicable.
Contract Amendments
7.1 KAZIMI reserves the right to change and adapt the KAZIMI GTC at any time if new regulatory requirements arise, in particular due to the continuous technical development of the Services. In the event of an already existing contractual relationship with the Customer, the amended KAZIMI GTC will be sent to the Customer by email at least one (1) month before their entry into force. The amended KAZIMI GTC shall be deemed to be approved by the Customer if they do not object in text form by the time the changes come into force and they continue to use the Services. KAZIMI shall inform Customer about this deemed approval in its notification email regarding the planned amendment of the KAZIMI GTC.
7.2 The one (1) month notice period for changing the KAZIMI GTC set out in Section 6.1 shall not apply in case KAZIMI
is subject to a legal or regulatory obligation which requires it to change its KAZIMI GTC in a manner which does not allow it to respect the one (1) month notice period or
has to change its KAZIMI GTC in exceptional cases to address an unforeseen and imminent danger related to defending the KAZIMI Platform, its Customers or their Users from fraud, malware, spam, data breaches or other cybersecurity risks.
Use of the Services
8.1 The Customer bears full responsibility (i) for the data they enter on the KAZIMI Platform and the manner in which the Customer uses the Services and (ii) for the data entered on the KAZIMI Platform and the way the Services are used by authorized employees or selected partners of the Customer.
8.2 The use of the Services is permitted within the scope of the intended use and the applicable laws of the Federal Republic of Germany. The Customer shall refrain from any violation of law or any misuse, in particular the misuse by means of automated software (for example scripts) as well as the unauthorised copying and the unauthorised use of information accessible on the KAZIMI Platform.
8.3 The Customer is obliged to protect their login details to the customer account against unauthorized use by third parties. The Customer notifies KAZIMI immediately in case of indications for a misuse of their customer account.
8.4 KAZIMI only reviews the information entered on the KAZIMI Platform by the Customer if it has knowledge or a suspicion based on facts of specific illegal content.
8.5 In case the Customer operates multiple apps, they are required to register each app under the KAZIMI Platform and install a tailor-made version of the KAZIMI Library on each of its apps to enable KAZIMI to provide its Services for the respective app. The Customer will update the KAZIMI Library upon receiving a respective notification without undue delay, as otherwise KAZIMI cannot ensure the quality of the Services.
Breach of Obligations
9.1 KAZIMI may suspend or restrict the Customer's access to the Services in whole or in part or delete the Customer's account if (i) the Customer breaches the KAZIMI GTC (in particular Section 7) or other contractual obligations arising from the Customer Purchase Order or (ii) there is a risk of damage to, or impairment of KAZIMI's systems or a risk of harm to the general public. The suspension is also possible if the Customer is in default of payment. KAZIMI will notify the Customer via email prior to or at the time of the restriction or suspension taking effect with a statement of reasons for the decision.
9.2 If the blocking of the Customer's access to the Services is based on a breach of the Agreement by the Customer, access shall only be reinstated once the breach has been permanently remedied, or the risk of recurrence has been effectively eliminated through appropriate measures. KAZIMI shall not be obligated to reinstate access if this would be unreasonable for KAZIMI, for example, where the reason for the suspension entitles KAZIMI to terminate the Agreement without notice.
9.3 Unless mandatory legal provisions apply, a blocking/deletion of the Customer's account by KAZIMI does not entitle the Customer to suspend payments or assert claims against KAZIMI.
9.4 KAZIMI is entitled to reimbursement of (additional) costs incurred in relation to the Customer, to the extent such costs result from the omitted or untimely, incomplete or improper performance of the Customer's obligations as set out in Section 7.
. Data Protection
10.1 Both Parties undertake to comply with all statutory data protection provisions applicable to them, in particular the General Data Protection Regulation (EU) 2016/679 ("GDPR"). To the extent that the Customer enters personal data (e.g. of Customer's employees or end customer) ("Customer Data") into the KAZIMI Platform, the Customer shall bear the exclusive responsibility for compliance with applicable data protection laws. The Parties acknowledge that the Customer is the controller of all Customer Data and that they may correct or delete such data if necessary.
10.2 Since KAZIMI processes personal data of Customer employees on behalf of the Customer when providing the Services, the Parties undertake to enter into a data processing agreement pursuant to Art. 28 GDPR, also available on the KAZIMI website.
. Liability
11.1 KAZIMI is liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses. In other cases, KAZIMI shall be liable - unless otherwise regulated in Section 11 – only in the event of a breach of a contractual obligation that is necessary for the proper performance of the Agreement in the first place and on the observance of which the Customer may regularly rely (Kardinalspflichten). In such cases, the liability is limited to the compensation of the foreseeable and typical damage.
11.2 KAZIMI's liability for damages arising from injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed by KAZIMI shall remain unaffected by the above limitations and exclusions of liability.
11.3 The Services may provide suggestions and recommendations for action based on the data provided by the Customer and the respective users. The quality of the recommendations may vary greatly depending on the quality of the data input. Any recommendation received upon using the Services must be approved by the Customer before being implemented. Therefore, the Customer is solely responsible for any damages incurred as a result of the implementation of a recommendation received upon using the Services.
11.4 Any liability of KAZIMI for damages incurred by the Customer resulting from loss of data is excluded insofar as the damage is based on the fact that the Customer has omitted to carry out data backups under their responsibility on a regular basis and thus to ensure that lost data can be restored with reasonable effort.
11.5 Exclusions and limitations of the KAZIMI's liabilities according to the Customer Agreement also apply to the personal liability of KAZIMI's legal representatives, organs, employees and vicarious agents.
11.6 Claims for damages shall become statute-barred within one (1) year after the Customer's knowledge or grossly negligent lack of knowledge of the circumstances giving rise to the claim, but no later than one (1) year after the end of the year in which the claim arose. This does not apply in case of intent, gross negligence, damages arising from injury to life, body or health, or claims according to statutory regulations.
. Warranty
12.1 The Customer is obliged to report any defects (e.g. functional failures, malfunctions or impairments of the Services) to KAZIMI immediately and as precisely as possible to the support email address: support@kazimi.io. Further, the Customer shall provide KAZIMI with reasonable support in analysing and rectifying the defect and shall immediately grant access to any documents providing further details on the circumstances in which the defect occurred.
12.2 In case of an update, upgrade or a new version of the Services provided by KAZIMI, the warranty claims shall be limited to the new features of such update, upgrade and new version compared to the previous version. This limitation of warranty claims also applies to any updates, upgrades or new versions of the KAZIMI Library available for the Customer to integrate.
12.3 Warranty claims are excluded if the Customer itself or a third party (i) modifies functionalities of the Services without prior authorisation by KAZIMI or (ii) does not use the Services in the intended way or in an operating environment other than the intended one, including but not limited to operating errors by the Customer, non-observance of use instructions or use of incorrect or missing processing data. This shall not apply if the Customer proves that any defects occurring are unrelated to such circumstances.
12.4 In the event of defects for which KAZIMI is responsible, statutory provisions shall in principle apply, especially sections 536b and section 536c BGB. The application of section 536a para. 1 BGB is excluded insofar as the provision contains strict liability (verschuldungsunabhängige Haftung).
12.5 In the event of an insignificant reduction in the value and/or the suitability of the Services, the Customer shall not be entitled to any warranty claims.
Term and Termination
13.1 Unless otherwise agreed in the Customer Purchase Order, the Agreement has an initial term of twelve (12) months and renews automatically for an additional twelve (12) month period if not terminated by either Party with three (3) months' prior written notice to the end of the respective term.
13.2 The right to terminate for good cause at any time without notice by either Party remains unaffected. Good cause shall be deemed to exist in particular, but not limited to, if (i) the other Party persistently breaches material contractual obligations under this agreement and fails to remedy the breach within a reasonable period of time despite a warning of the respective other Party, (ii) if the other Party suffers a material deterioration or threat to its assets or is in bankruptcy or liquidation (other than for the purpose of a solvent restructuring or merger) or (iii) if the continued provision of the Services becomes unfeasible due to economic or legal reasons.
13.3 After a termination has come into effect, Customer may no longer use the Services and shall delete the KAZIMI Library on all of the Customer's systems, as applicable.
13.4 60 days after a termination has come into effect all stored data relating to the Customer and the respective user accounts will be deleted. This does not include data for which a shorter or longer retention period is required under applicable law.
13.5 The notice of termination shall be given in writing to the address provided in the Customer Purchase Order.
Default in performance, Force Majeure
14.1 KAZIMI shall be released from its obligation to perform if the non-performance is due to circumstances of force majeure or other unforeseen circumstances for which KAZIMI is not responsible (including, but not limited to war, labour strike, natural disasters, water intrusion, pandemics, system-wide failures on the internet or sabotage by malware). The default of performance shall also apply in the event of delays due to circumstances in the Customer's area of responsibility, e.g. non-timely performance of Customer obligations or lack of availability of Customer-side IT facilities with associated interfaces.
14.2 The release from the obligation to perform shall apply for the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement after expiry of a reasonable grace period. The Customer shall not be entitled to claim for damages or reimbursement of expenses against KAZIMI in such cases.
14.3 The Parties shall inform each other of the occurrence in a case of force majeure or other circumstances referred to in this Section 14 immediately upon becoming aware thereof.
Confidentiality
15.1 The Parties undertake to treat all confidential information that becomes known to them in the context of the contractual relationship as confidential and to use it only for the performance of their contractual obligations under this Agreement. "Confidential Information" shall mean all information which is made available to the receiving Party by the disclosing Party verbally, in writing or in any other form, in particular, without being limited thereto: know-how, products, processes, intellectual property, business secrets, business strategies, business plans, financial planning, personnel matters and business relationships when such information is designated as such or to be regarded as confidential by its nature, in particular information about the functionality of the KAZIMI Platform and the Services, including the underlying structure
15.2 As Confidential Information within the meaning of Section 15.1 shall not be regarded as such, if the information of which the receiving Party can demonstrate:
such information is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on its part;
it had received such information from a third party who was entitled to disclose this information without restriction;
that the Confidential Information has been independently gained without infringement of a duty of confidentiality;
or a Party is required by applicable law, governmental regulation or lawful court or governmental order to disclose Confidential Information, provided, to the extent permitted by law, such Party notifies the other Party of such disclosure and takes reasonable steps to avoid and/or minimise the extent of such disclosure
15.3 The provisions of the law on the protection of business secrets (Gesetz zum Schutz von Geschäftsgeheimnissen) shall remain unaffected by the provisions set out in this Section 15.
15.4 The rights and obligations under this Section 15 shall survive the term of the Agreement for a period of three (3) years. Both Parties are obliged to return or destroy Confidential Information of the other Party upon termination of the Agreement. With respect to Customer data, Section 12.4 applies.
Contact Persons
16.1 Each Party shall appoint one or more contact persons (each a "Contact Person") who are responsible for all communications relating to this Agreement. Such Contact Persons are authorised to make and receive statements in connection with the performance of this Agreement but are not authorised to legally represent the respective Party.
16.2 Unless expressly agreed otherwise in writing, (i) all material notifications and consultations relating to the performance of this Agreement must be routed solely through the appointed Contact Persons and (ii) communication addressed at the Customer's Contact Person will be sent to the email address linked to the Customer’s user account.
16.3 Changes to the designated Contact Persons shall be communicated to the other Party without undue delay and in writing (email sufficient).
Miscellaneous
17.1 By executing this Agreement, both Parties affirm that they possess the necessary authority and legal capacity to enter into this contractual relationship.
17.2 The transfer of the Agreement or individual rights or obligations hereunder by the Customer to third parties requires the prior written consent of KAZIMI. Section 354a of the German Commercial Code (Handelsgesetzbuch "HGB") remains unaffected.
17.3 Offsetting (Aufrechnung) by the Customer is only permitted with an undisputed or legally established claim of KAZIMI. The same applies to the assertion of rights of retention (Zurückbehaltungsrecht), whereupon the counterclaim has to be based on the same contractual relationship.
17.4 The performance and legal relationships between the Parties shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.5 The place of contractual performance shall be Berlin, Germany.
17.6 The exclusive place of jurisdiction for all disputes arising from and in connection with the Agreement shall be Berlin, Germany.
17.7 Amendments or supplements to the Agreement existing between the Parties, including a contract to waive this formal requirement, must be made in written form.
17.8 In case individual provisions of the KAZIMI GTC are or become invalid or unenforceable, this shall not affect the validity of the remaining contractual provisions. The Parties shall endeavour to replace the invalid or unenforceable provision by a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision. The same shall apply in the event of a gap in the Agreement.
Last Updated 18 February 2026
We, the KAZIMI UG located at Baseler Str. 51, 12205 Berlin ("KAZIMI") provide you, the Customer ("Customer") with access to our cloud-based platform ("KAZIMI Platform") through our tailor-made KAZIMI library ("KAZIMI Library"), which is integrated into the Customer’s mobile app. If the Customer operates multiple mobile apps, each app requires an individual, tailor-made version of the KAZIMI Library to be integrated for our services to properly operate. The KAZIMI Platform offers services to assist app publishers in verifying the usage of their respective mobile app (the access to the KAZIMI Platform, as well as using the tools and services provided thereunder together: the "Services").
The Services can be accessed online and via API access by you as a Customer, as well as by employees or partners selected by you. Any individual who accesses the Services via an individual account shall be referred to in the following as a user ("User"). KAZIMI and the Customer are hereinafter jointly referred to as the Parties ("Parties") and individually as the Party ("Party"). The following general terms and conditions (the "KAZIMI GTC") govern the use of the Services by the Customer:
General Information
1.1 Unless otherwise agreed in writing, access to the Services is exclusively subject to the KAZIMI GTC in their currently valid version, together with any terms set out in the separate purchase order agreed between KAZIMI and the Customer referencing these KAZIMI GTC (the "Customer Purchase Order").
1.2 The KAZIMI GTC with its Annexes and the Customer Purchase Order together form the agreement governing the entire contractual relationship between KAZIMI and the Customer (the "Agreement").
1.3 In the event of any conflict between the documents forming this Agreement, the following order of precedence shall apply: (i) the Customer Purchase Order, (ii) the KAZIMI GTC, (iii) any supplementary documents.
1.4 By using the Services, the Customer acknowledges these KAZIMI GTC as binding and assures that any data submitted is both correct and complete. Recognition of the KAZIMI GTC is a prerequisite for the use of the Services. Deviating or conflicting general terms and conditions of the Customer do not apply unless expressly agreed to in writing.
1.5 The contractual relationship between the Parties with their respective obligations is established by offer and acceptance of the Customer Purchase Order in text form (i.e. via e-mail or in writing).
The KAZIMI Platform is intended exclusively for use by traders (Unternehmer) within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Therefore, no right of withdrawal (Widerrufsrecht) pursuant to sections 312 g and 355 BGB shall apply. The Customer confirms that they enter into this Agreement solely in their capacity as a trader (Unternehmer) and not as a consumer (Verbraucher) within the meaning of section 13 of the BGB.
Scope of Services
2.1 After the conclusion of the Agreement, KAZIMI will provide the Customer with access data for the creation of a user account on the KAZIMI Platform via email.
2.2 KAZIMI will provide standard integration and set-up support which is included in the KAZIMI Platform Fee (as defined below). In case the Customer requires additional support, the Parties will enter into a separate service agreement.
2.3 KAZIMI may use subcontractors to provide the Services. The Customer's documents, information and data may be passed on to the subcontractor to the extent necessary for the performance of the Services.
2.4 Only the Customer and/or their authorized employees or selected partners can use the KAZIMI Platform. The Customer is prohibited and undertakes to prohibit their employees and selected partners from transferring their user account to any third-party or allowing any third-party to use their user account. Prior to providing selected partners with access to the KAZIMI Platform, the Customer has to notify KAZIMI in writing (email sufficient) of the respective partner.
2.5 The Services are provided within the limits of the current state of technology.
2.6 KAZIMI reserves the right to modify and/or adapt the Services within the scope of maintenance, support and continuous development through the deployment of patches, updates, upgrades, and new releases, to the extent such modifications are required for technical reasons, to comply with changes in the legal framework, to remedy security vulnerabilities, and/or to improve the software's technical or functional performance. Any such modifications and adaptations shall in any case only be permitted if they are reasonable for the Customer, taking into account their legitimate interests. The right of use set out in Section 4.1 shall apply accordingly to such modifications and adaptations of the Services.
Trial Access
3.1 For testing purposes, KAZIMI may offer at its own discretion certain Services free of charge for a limited period of time. The Parties may agree to a limited trial period ("Introductory Period") regarding the Customer's access to the KAZIMI Platform and the Services.
3.2 During the Introductory Period, either Party may terminate the Agreement with a notice period of one (1) day.
3.3 After expiry of the agreed Introductory Period without termination by either Party, the Agreement will automatically continue for the term and the remuneration agreed in the Customer Purchase Order.
Remuneration
4.1 The Customer's access to the Services is subject to the remuneration agreed between the Parties (the "Platform Fee") in the Customer Purchase Order, which is based on the estimated daily active users ("DAU") verified as well as the number of encryption and decryption cycles performed under the Services. DAU includes human users as well as devices and API calls contacting the Customer's app.
4.2 The Platform Fee is calculated on a monthly basis and shall be paid monthly or on an annual basis and in advance (the "Billing Period"). For this purpose, KAZIMI shall invoice the Customer at the beginning of each Billing Period for the Services agreed in the Customer Purchase Order. The invoice shall be due within 10 business days upon receipt.
4.3 At the end of each month, KAZIMI will notify the Customer on the total number of encryption and decryption cycles performed under the Services. After lapse of the agreed Billing Period, in case the actual number of encryption and decryption cycles exceeds the estimates agreed in the Customer Purchase Order, KAZIMI will invoice the outstanding amount, which is calculated on the overage prices of encryption and decryption cycles as agreed in the Customer Purchase Order, payable within 30 days of receipt.
4.4 All payments to be made under the Agreement are net amounts. Any applicable taxes, in particular the statutory value added tax, shall be paid additionally by the Customer, as applicable.
License Grant
5.1 KAZIMI hereby grants to the Customer a non-exclusive, revocable, non-transferable and non-sublicensable right to use the Services in connection with the subject matter of the Agreement. This right of use is limited to the term of the Agreement and relates exclusively to the current status and scope of the Services provided by KAZIMI during the term of the Agreement. The Customer shall not receive any further rights, for example to the software applications or operating software which the Services are based on. With the exception of the provisions set out in this Section 4.1or unless otherwise agreed in writing, the Customer may only use the Services (i) for its own business purposes and (ii) by its own employees and selected partners as set out in Section 2.4.
5.2 The Customer hereby grants to KAZIMI a non-exclusive, non-transferable, worldwide and royalty-free right to use, reproduce, modify (to the extent necessary), and otherwise exploit any intellectual property rights owned or controlled by the Customer ("Customer IP") solely to the extent required for KAZIMI to perform its obligations under the Agreement. This right shall be limited to the term of the Agreement and shall not include any right to sublicense the Customer IP, except where such sublicensing is strictly necessary for the proper performance of KAZIMI's contractual obligations and subject to prior written consent (email sufficient) by the Customer. The Customer warrants that they hold all rights necessary to the Customer IP to grant such usage rights to KAZIMI without infringing any third-party rights.
Availability, Transfer Point
6.1 KAZIMI shall be responsible for providing access to the KAZIMI Platform and the Services at the transfer point. The transfer point is the data interface of the KAZIMI data centre or the service provider commissioned by KAZIMI to provide a data centre on which the KAZIMI Platform is operated.
6.2 The Customer is solely responsible for connecting to the necessary telecommunications infrastructure and, via such infrastructure, to the Services, for providing the required interfaces and technical prerequisites for using the Services, as well as for selecting appropriate user settings to ensure uninterrupted use of the Services. KAZIMI is under no obligation to verify whether Customer's systems meet the technical requirements to use the Services.
6.3 The responsibility of KAZIMI for the availability of the KAZIMI Platform and the Services ends at the transfer point. KAZIMI shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for downtime resulting from scheduled maintenance and events beyond KAZIMI’s control. For details on the availability of the Services and resolution times, please refer to the service level agreement, if applicable.
Contract Amendments
7.1 KAZIMI reserves the right to change and adapt the KAZIMI GTC at any time if new regulatory requirements arise, in particular due to the continuous technical development of the Services. In the event of an already existing contractual relationship with the Customer, the amended KAZIMI GTC will be sent to the Customer by email at least one (1) month before their entry into force. The amended KAZIMI GTC shall be deemed to be approved by the Customer if they do not object in text form by the time the changes come into force and they continue to use the Services. KAZIMI shall inform Customer about this deemed approval in its notification email regarding the planned amendment of the KAZIMI GTC.
7.2 The one (1) month notice period for changing the KAZIMI GTC set out in Section 6.1 shall not apply in case KAZIMI
is subject to a legal or regulatory obligation which requires it to change its KAZIMI GTC in a manner which does not allow it to respect the one (1) month notice period or
has to change its KAZIMI GTC in exceptional cases to address an unforeseen and imminent danger related to defending the KAZIMI Platform, its Customers or their Users from fraud, malware, spam, data breaches or other cybersecurity risks.
Use of the Services
8.1 The Customer bears full responsibility (i) for the data they enter on the KAZIMI Platform and the manner in which the Customer uses the Services and (ii) for the data entered on the KAZIMI Platform and the way the Services are used by authorized employees or selected partners of the Customer.
8.2 The use of the Services is permitted within the scope of the intended use and the applicable laws of the Federal Republic of Germany. The Customer shall refrain from any violation of law or any misuse, in particular the misuse by means of automated software (for example scripts) as well as the unauthorised copying and the unauthorised use of information accessible on the KAZIMI Platform.
8.3 The Customer is obliged to protect their login details to the customer account against unauthorized use by third parties. The Customer notifies KAZIMI immediately in case of indications for a misuse of their customer account.
8.4 KAZIMI only reviews the information entered on the KAZIMI Platform by the Customer if it has knowledge or a suspicion based on facts of specific illegal content.
8.5 In case the Customer operates multiple apps, they are required to register each app under the KAZIMI Platform and install a tailor-made version of the KAZIMI Library on each of its apps to enable KAZIMI to provide its Services for the respective app. The Customer will update the KAZIMI Library upon receiving a respective notification without undue delay, as otherwise KAZIMI cannot ensure the quality of the Services.
Breach of Obligations
9.1 KAZIMI may suspend or restrict the Customer's access to the Services in whole or in part or delete the Customer's account if (i) the Customer breaches the KAZIMI GTC (in particular Section 7) or other contractual obligations arising from the Customer Purchase Order or (ii) there is a risk of damage to, or impairment of KAZIMI's systems or a risk of harm to the general public. The suspension is also possible if the Customer is in default of payment. KAZIMI will notify the Customer via email prior to or at the time of the restriction or suspension taking effect with a statement of reasons for the decision.
9.2 If the blocking of the Customer's access to the Services is based on a breach of the Agreement by the Customer, access shall only be reinstated once the breach has been permanently remedied, or the risk of recurrence has been effectively eliminated through appropriate measures. KAZIMI shall not be obligated to reinstate access if this would be unreasonable for KAZIMI, for example, where the reason for the suspension entitles KAZIMI to terminate the Agreement without notice.
9.3 Unless mandatory legal provisions apply, a blocking/deletion of the Customer's account by KAZIMI does not entitle the Customer to suspend payments or assert claims against KAZIMI.
9.4 KAZIMI is entitled to reimbursement of (additional) costs incurred in relation to the Customer, to the extent such costs result from the omitted or untimely, incomplete or improper performance of the Customer's obligations as set out in Section 7.
. Data Protection
10.1 Both Parties undertake to comply with all statutory data protection provisions applicable to them, in particular the General Data Protection Regulation (EU) 2016/679 ("GDPR"). To the extent that the Customer enters personal data (e.g. of Customer's employees or end customer) ("Customer Data") into the KAZIMI Platform, the Customer shall bear the exclusive responsibility for compliance with applicable data protection laws. The Parties acknowledge that the Customer is the controller of all Customer Data and that they may correct or delete such data if necessary.
10.2 Since KAZIMI processes personal data of Customer employees on behalf of the Customer when providing the Services, the Parties undertake to enter into a data processing agreement pursuant to Art. 28 GDPR, also available on the KAZIMI website.
. Liability
11.1 KAZIMI is liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses. In other cases, KAZIMI shall be liable - unless otherwise regulated in Section 11 – only in the event of a breach of a contractual obligation that is necessary for the proper performance of the Agreement in the first place and on the observance of which the Customer may regularly rely (Kardinalspflichten). In such cases, the liability is limited to the compensation of the foreseeable and typical damage.
11.2 KAZIMI's liability for damages arising from injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed by KAZIMI shall remain unaffected by the above limitations and exclusions of liability.
11.3 The Services may provide suggestions and recommendations for action based on the data provided by the Customer and the respective users. The quality of the recommendations may vary greatly depending on the quality of the data input. Any recommendation received upon using the Services must be approved by the Customer before being implemented. Therefore, the Customer is solely responsible for any damages incurred as a result of the implementation of a recommendation received upon using the Services.
11.4 Any liability of KAZIMI for damages incurred by the Customer resulting from loss of data is excluded insofar as the damage is based on the fact that the Customer has omitted to carry out data backups under their responsibility on a regular basis and thus to ensure that lost data can be restored with reasonable effort.
11.5 Exclusions and limitations of the KAZIMI's liabilities according to the Customer Agreement also apply to the personal liability of KAZIMI's legal representatives, organs, employees and vicarious agents.
11.6 Claims for damages shall become statute-barred within one (1) year after the Customer's knowledge or grossly negligent lack of knowledge of the circumstances giving rise to the claim, but no later than one (1) year after the end of the year in which the claim arose. This does not apply in case of intent, gross negligence, damages arising from injury to life, body or health, or claims according to statutory regulations.
. Warranty
12.1 The Customer is obliged to report any defects (e.g. functional failures, malfunctions or impairments of the Services) to KAZIMI immediately and as precisely as possible to the support email address: support@kazimi.io. Further, the Customer shall provide KAZIMI with reasonable support in analysing and rectifying the defect and shall immediately grant access to any documents providing further details on the circumstances in which the defect occurred.
12.2 In case of an update, upgrade or a new version of the Services provided by KAZIMI, the warranty claims shall be limited to the new features of such update, upgrade and new version compared to the previous version. This limitation of warranty claims also applies to any updates, upgrades or new versions of the KAZIMI Library available for the Customer to integrate.
12.3 Warranty claims are excluded if the Customer itself or a third party (i) modifies functionalities of the Services without prior authorisation by KAZIMI or (ii) does not use the Services in the intended way or in an operating environment other than the intended one, including but not limited to operating errors by the Customer, non-observance of use instructions or use of incorrect or missing processing data. This shall not apply if the Customer proves that any defects occurring are unrelated to such circumstances.
12.4 In the event of defects for which KAZIMI is responsible, statutory provisions shall in principle apply, especially sections 536b and section 536c BGB. The application of section 536a para. 1 BGB is excluded insofar as the provision contains strict liability (verschuldungsunabhängige Haftung).
12.5 In the event of an insignificant reduction in the value and/or the suitability of the Services, the Customer shall not be entitled to any warranty claims.
Term and Termination
13.1 Unless otherwise agreed in the Customer Purchase Order, the Agreement has an initial term of twelve (12) months and renews automatically for an additional twelve (12) month period if not terminated by either Party with three (3) months' prior written notice to the end of the respective term.
13.2 The right to terminate for good cause at any time without notice by either Party remains unaffected. Good cause shall be deemed to exist in particular, but not limited to, if (i) the other Party persistently breaches material contractual obligations under this agreement and fails to remedy the breach within a reasonable period of time despite a warning of the respective other Party, (ii) if the other Party suffers a material deterioration or threat to its assets or is in bankruptcy or liquidation (other than for the purpose of a solvent restructuring or merger) or (iii) if the continued provision of the Services becomes unfeasible due to economic or legal reasons.
13.3 After a termination has come into effect, Customer may no longer use the Services and shall delete the KAZIMI Library on all of the Customer's systems, as applicable.
13.4 60 days after a termination has come into effect all stored data relating to the Customer and the respective user accounts will be deleted. This does not include data for which a shorter or longer retention period is required under applicable law.
13.5 The notice of termination shall be given in writing to the address provided in the Customer Purchase Order.
Default in performance, Force Majeure
14.1 KAZIMI shall be released from its obligation to perform if the non-performance is due to circumstances of force majeure or other unforeseen circumstances for which KAZIMI is not responsible (including, but not limited to war, labour strike, natural disasters, water intrusion, pandemics, system-wide failures on the internet or sabotage by malware). The default of performance shall also apply in the event of delays due to circumstances in the Customer's area of responsibility, e.g. non-timely performance of Customer obligations or lack of availability of Customer-side IT facilities with associated interfaces.
14.2 The release from the obligation to perform shall apply for the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement after expiry of a reasonable grace period. The Customer shall not be entitled to claim for damages or reimbursement of expenses against KAZIMI in such cases.
14.3 The Parties shall inform each other of the occurrence in a case of force majeure or other circumstances referred to in this Section 14 immediately upon becoming aware thereof.
Confidentiality
15.1 The Parties undertake to treat all confidential information that becomes known to them in the context of the contractual relationship as confidential and to use it only for the performance of their contractual obligations under this Agreement. "Confidential Information" shall mean all information which is made available to the receiving Party by the disclosing Party verbally, in writing or in any other form, in particular, without being limited thereto: know-how, products, processes, intellectual property, business secrets, business strategies, business plans, financial planning, personnel matters and business relationships when such information is designated as such or to be regarded as confidential by its nature, in particular information about the functionality of the KAZIMI Platform and the Services, including the underlying structure
15.2 As Confidential Information within the meaning of Section 15.1 shall not be regarded as such, if the information of which the receiving Party can demonstrate:
such information is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on its part;
it had received such information from a third party who was entitled to disclose this information without restriction;
that the Confidential Information has been independently gained without infringement of a duty of confidentiality;
or a Party is required by applicable law, governmental regulation or lawful court or governmental order to disclose Confidential Information, provided, to the extent permitted by law, such Party notifies the other Party of such disclosure and takes reasonable steps to avoid and/or minimise the extent of such disclosure
15.3 The provisions of the law on the protection of business secrets (Gesetz zum Schutz von Geschäftsgeheimnissen) shall remain unaffected by the provisions set out in this Section 15.
15.4 The rights and obligations under this Section 15 shall survive the term of the Agreement for a period of three (3) years. Both Parties are obliged to return or destroy Confidential Information of the other Party upon termination of the Agreement. With respect to Customer data, Section 12.4 applies.
Contact Persons
16.1 Each Party shall appoint one or more contact persons (each a "Contact Person") who are responsible for all communications relating to this Agreement. Such Contact Persons are authorised to make and receive statements in connection with the performance of this Agreement but are not authorised to legally represent the respective Party.
16.2 Unless expressly agreed otherwise in writing, (i) all material notifications and consultations relating to the performance of this Agreement must be routed solely through the appointed Contact Persons and (ii) communication addressed at the Customer's Contact Person will be sent to the email address linked to the Customer’s user account.
16.3 Changes to the designated Contact Persons shall be communicated to the other Party without undue delay and in writing (email sufficient).
Miscellaneous
17.1 By executing this Agreement, both Parties affirm that they possess the necessary authority and legal capacity to enter into this contractual relationship.
17.2 The transfer of the Agreement or individual rights or obligations hereunder by the Customer to third parties requires the prior written consent of KAZIMI. Section 354a of the German Commercial Code (Handelsgesetzbuch "HGB") remains unaffected.
17.3 Offsetting (Aufrechnung) by the Customer is only permitted with an undisputed or legally established claim of KAZIMI. The same applies to the assertion of rights of retention (Zurückbehaltungsrecht), whereupon the counterclaim has to be based on the same contractual relationship.
17.4 The performance and legal relationships between the Parties shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.5 The place of contractual performance shall be Berlin, Germany.
17.6 The exclusive place of jurisdiction for all disputes arising from and in connection with the Agreement shall be Berlin, Germany.
17.7 Amendments or supplements to the Agreement existing between the Parties, including a contract to waive this formal requirement, must be made in written form.
17.8 In case individual provisions of the KAZIMI GTC are or become invalid or unenforceable, this shall not affect the validity of the remaining contractual provisions. The Parties shall endeavour to replace the invalid or unenforceable provision by a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision. The same shall apply in the event of a gap in the Agreement.
Last Updated 18 February 2026
We, the KAZIMI UG located at Baseler Str. 51, 12205 Berlin ("KAZIMI") provide you, the Customer ("Customer") with access to our cloud-based platform ("KAZIMI Platform") through our tailor-made KAZIMI library ("KAZIMI Library"), which is integrated into the Customer’s mobile app. If the Customer operates multiple mobile apps, each app requires an individual, tailor-made version of the KAZIMI Library to be integrated for our services to properly operate. The KAZIMI Platform offers services to assist app publishers in verifying the usage of their respective mobile app (the access to the KAZIMI Platform, as well as using the tools and services provided thereunder together: the "Services").
The Services can be accessed online and via API access by you as a Customer, as well as by employees or partners selected by you. Any individual who accesses the Services via an individual account shall be referred to in the following as a user ("User"). KAZIMI and the Customer are hereinafter jointly referred to as the Parties ("Parties") and individually as the Party ("Party"). The following general terms and conditions (the "KAZIMI GTC") govern the use of the Services by the Customer:
General Information
1.1 Unless otherwise agreed in writing, access to the Services is exclusively subject to the KAZIMI GTC in their currently valid version, together with any terms set out in the separate purchase order agreed between KAZIMI and the Customer referencing these KAZIMI GTC (the "Customer Purchase Order").
1.2 The KAZIMI GTC with its Annexes and the Customer Purchase Order together form the agreement governing the entire contractual relationship between KAZIMI and the Customer (the "Agreement").
1.3 In the event of any conflict between the documents forming this Agreement, the following order of precedence shall apply: (i) the Customer Purchase Order, (ii) the KAZIMI GTC, (iii) any supplementary documents.
1.4 By using the Services, the Customer acknowledges these KAZIMI GTC as binding and assures that any data submitted is both correct and complete. Recognition of the KAZIMI GTC is a prerequisite for the use of the Services. Deviating or conflicting general terms and conditions of the Customer do not apply unless expressly agreed to in writing.
1.5 The contractual relationship between the Parties with their respective obligations is established by offer and acceptance of the Customer Purchase Order in text form (i.e. via e-mail or in writing).
The KAZIMI Platform is intended exclusively for use by traders (Unternehmer) within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Therefore, no right of withdrawal (Widerrufsrecht) pursuant to sections 312 g and 355 BGB shall apply. The Customer confirms that they enter into this Agreement solely in their capacity as a trader (Unternehmer) and not as a consumer (Verbraucher) within the meaning of section 13 of the BGB.
Scope of Services
2.1 After the conclusion of the Agreement, KAZIMI will provide the Customer with access data for the creation of a user account on the KAZIMI Platform via email.
2.2 KAZIMI will provide standard integration and set-up support which is included in the KAZIMI Platform Fee (as defined below). In case the Customer requires additional support, the Parties will enter into a separate service agreement.
2.3 KAZIMI may use subcontractors to provide the Services. The Customer's documents, information and data may be passed on to the subcontractor to the extent necessary for the performance of the Services.
2.4 Only the Customer and/or their authorized employees or selected partners can use the KAZIMI Platform. The Customer is prohibited and undertakes to prohibit their employees and selected partners from transferring their user account to any third-party or allowing any third-party to use their user account. Prior to providing selected partners with access to the KAZIMI Platform, the Customer has to notify KAZIMI in writing (email sufficient) of the respective partner.
2.5 The Services are provided within the limits of the current state of technology.
2.6 KAZIMI reserves the right to modify and/or adapt the Services within the scope of maintenance, support and continuous development through the deployment of patches, updates, upgrades, and new releases, to the extent such modifications are required for technical reasons, to comply with changes in the legal framework, to remedy security vulnerabilities, and/or to improve the software's technical or functional performance. Any such modifications and adaptations shall in any case only be permitted if they are reasonable for the Customer, taking into account their legitimate interests. The right of use set out in Section 4.1 shall apply accordingly to such modifications and adaptations of the Services.
Trial Access
3.1 For testing purposes, KAZIMI may offer at its own discretion certain Services free of charge for a limited period of time. The Parties may agree to a limited trial period ("Introductory Period") regarding the Customer's access to the KAZIMI Platform and the Services.
3.2 During the Introductory Period, either Party may terminate the Agreement with a notice period of one (1) day.
3.3 After expiry of the agreed Introductory Period without termination by either Party, the Agreement will automatically continue for the term and the remuneration agreed in the Customer Purchase Order.
Remuneration
4.1 The Customer's access to the Services is subject to the remuneration agreed between the Parties (the "Platform Fee") in the Customer Purchase Order, which is based on the estimated daily active users ("DAU") verified as well as the number of encryption and decryption cycles performed under the Services. DAU includes human users as well as devices and API calls contacting the Customer's app.
4.2 The Platform Fee is calculated on a monthly basis and shall be paid monthly or on an annual basis and in advance (the "Billing Period"). For this purpose, KAZIMI shall invoice the Customer at the beginning of each Billing Period for the Services agreed in the Customer Purchase Order. The invoice shall be due within 10 business days upon receipt.
4.3 At the end of each month, KAZIMI will notify the Customer on the total number of encryption and decryption cycles performed under the Services. After lapse of the agreed Billing Period, in case the actual number of encryption and decryption cycles exceeds the estimates agreed in the Customer Purchase Order, KAZIMI will invoice the outstanding amount, which is calculated on the overage prices of encryption and decryption cycles as agreed in the Customer Purchase Order, payable within 30 days of receipt.
4.4 All payments to be made under the Agreement are net amounts. Any applicable taxes, in particular the statutory value added tax, shall be paid additionally by the Customer, as applicable.
License Grant
5.1 KAZIMI hereby grants to the Customer a non-exclusive, revocable, non-transferable and non-sublicensable right to use the Services in connection with the subject matter of the Agreement. This right of use is limited to the term of the Agreement and relates exclusively to the current status and scope of the Services provided by KAZIMI during the term of the Agreement. The Customer shall not receive any further rights, for example to the software applications or operating software which the Services are based on. With the exception of the provisions set out in this Section 4.1or unless otherwise agreed in writing, the Customer may only use the Services (i) for its own business purposes and (ii) by its own employees and selected partners as set out in Section 2.4.
5.2 The Customer hereby grants to KAZIMI a non-exclusive, non-transferable, worldwide and royalty-free right to use, reproduce, modify (to the extent necessary), and otherwise exploit any intellectual property rights owned or controlled by the Customer ("Customer IP") solely to the extent required for KAZIMI to perform its obligations under the Agreement. This right shall be limited to the term of the Agreement and shall not include any right to sublicense the Customer IP, except where such sublicensing is strictly necessary for the proper performance of KAZIMI's contractual obligations and subject to prior written consent (email sufficient) by the Customer. The Customer warrants that they hold all rights necessary to the Customer IP to grant such usage rights to KAZIMI without infringing any third-party rights.
Availability, Transfer Point
6.1 KAZIMI shall be responsible for providing access to the KAZIMI Platform and the Services at the transfer point. The transfer point is the data interface of the KAZIMI data centre or the service provider commissioned by KAZIMI to provide a data centre on which the KAZIMI Platform is operated.
6.2 The Customer is solely responsible for connecting to the necessary telecommunications infrastructure and, via such infrastructure, to the Services, for providing the required interfaces and technical prerequisites for using the Services, as well as for selecting appropriate user settings to ensure uninterrupted use of the Services. KAZIMI is under no obligation to verify whether Customer's systems meet the technical requirements to use the Services.
6.3 The responsibility of KAZIMI for the availability of the KAZIMI Platform and the Services ends at the transfer point. KAZIMI shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for downtime resulting from scheduled maintenance and events beyond KAZIMI’s control. For details on the availability of the Services and resolution times, please refer to the service level agreement, if applicable.
Contract Amendments
7.1 KAZIMI reserves the right to change and adapt the KAZIMI GTC at any time if new regulatory requirements arise, in particular due to the continuous technical development of the Services. In the event of an already existing contractual relationship with the Customer, the amended KAZIMI GTC will be sent to the Customer by email at least one (1) month before their entry into force. The amended KAZIMI GTC shall be deemed to be approved by the Customer if they do not object in text form by the time the changes come into force and they continue to use the Services. KAZIMI shall inform Customer about this deemed approval in its notification email regarding the planned amendment of the KAZIMI GTC.
7.2 The one (1) month notice period for changing the KAZIMI GTC set out in Section 6.1 shall not apply in case KAZIMI
is subject to a legal or regulatory obligation which requires it to change its KAZIMI GTC in a manner which does not allow it to respect the one (1) month notice period or
has to change its KAZIMI GTC in exceptional cases to address an unforeseen and imminent danger related to defending the KAZIMI Platform, its Customers or their Users from fraud, malware, spam, data breaches or other cybersecurity risks.
Use of the Services
8.1 The Customer bears full responsibility (i) for the data they enter on the KAZIMI Platform and the manner in which the Customer uses the Services and (ii) for the data entered on the KAZIMI Platform and the way the Services are used by authorized employees or selected partners of the Customer.
8.2 The use of the Services is permitted within the scope of the intended use and the applicable laws of the Federal Republic of Germany. The Customer shall refrain from any violation of law or any misuse, in particular the misuse by means of automated software (for example scripts) as well as the unauthorised copying and the unauthorised use of information accessible on the KAZIMI Platform.
8.3 The Customer is obliged to protect their login details to the customer account against unauthorized use by third parties. The Customer notifies KAZIMI immediately in case of indications for a misuse of their customer account.
8.4 KAZIMI only reviews the information entered on the KAZIMI Platform by the Customer if it has knowledge or a suspicion based on facts of specific illegal content.
8.5 In case the Customer operates multiple apps, they are required to register each app under the KAZIMI Platform and install a tailor-made version of the KAZIMI Library on each of its apps to enable KAZIMI to provide its Services for the respective app. The Customer will update the KAZIMI Library upon receiving a respective notification without undue delay, as otherwise KAZIMI cannot ensure the quality of the Services.
Breach of Obligations
9.1 KAZIMI may suspend or restrict the Customer's access to the Services in whole or in part or delete the Customer's account if (i) the Customer breaches the KAZIMI GTC (in particular Section 7) or other contractual obligations arising from the Customer Purchase Order or (ii) there is a risk of damage to, or impairment of KAZIMI's systems or a risk of harm to the general public. The suspension is also possible if the Customer is in default of payment. KAZIMI will notify the Customer via email prior to or at the time of the restriction or suspension taking effect with a statement of reasons for the decision.
9.2 If the blocking of the Customer's access to the Services is based on a breach of the Agreement by the Customer, access shall only be reinstated once the breach has been permanently remedied, or the risk of recurrence has been effectively eliminated through appropriate measures. KAZIMI shall not be obligated to reinstate access if this would be unreasonable for KAZIMI, for example, where the reason for the suspension entitles KAZIMI to terminate the Agreement without notice.
9.3 Unless mandatory legal provisions apply, a blocking/deletion of the Customer's account by KAZIMI does not entitle the Customer to suspend payments or assert claims against KAZIMI.
9.4 KAZIMI is entitled to reimbursement of (additional) costs incurred in relation to the Customer, to the extent such costs result from the omitted or untimely, incomplete or improper performance of the Customer's obligations as set out in Section 7.
. Data Protection
10.1 Both Parties undertake to comply with all statutory data protection provisions applicable to them, in particular the General Data Protection Regulation (EU) 2016/679 ("GDPR"). To the extent that the Customer enters personal data (e.g. of Customer's employees or end customer) ("Customer Data") into the KAZIMI Platform, the Customer shall bear the exclusive responsibility for compliance with applicable data protection laws. The Parties acknowledge that the Customer is the controller of all Customer Data and that they may correct or delete such data if necessary.
10.2 Since KAZIMI processes personal data of Customer employees on behalf of the Customer when providing the Services, the Parties undertake to enter into a data processing agreement pursuant to Art. 28 GDPR, also available on the KAZIMI website.
. Liability
11.1 KAZIMI is liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses. In other cases, KAZIMI shall be liable - unless otherwise regulated in Section 11 – only in the event of a breach of a contractual obligation that is necessary for the proper performance of the Agreement in the first place and on the observance of which the Customer may regularly rely (Kardinalspflichten). In such cases, the liability is limited to the compensation of the foreseeable and typical damage.
11.2 KAZIMI's liability for damages arising from injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed by KAZIMI shall remain unaffected by the above limitations and exclusions of liability.
11.3 The Services may provide suggestions and recommendations for action based on the data provided by the Customer and the respective users. The quality of the recommendations may vary greatly depending on the quality of the data input. Any recommendation received upon using the Services must be approved by the Customer before being implemented. Therefore, the Customer is solely responsible for any damages incurred as a result of the implementation of a recommendation received upon using the Services.
11.4 Any liability of KAZIMI for damages incurred by the Customer resulting from loss of data is excluded insofar as the damage is based on the fact that the Customer has omitted to carry out data backups under their responsibility on a regular basis and thus to ensure that lost data can be restored with reasonable effort.
11.5 Exclusions and limitations of the KAZIMI's liabilities according to the Customer Agreement also apply to the personal liability of KAZIMI's legal representatives, organs, employees and vicarious agents.
11.6 Claims for damages shall become statute-barred within one (1) year after the Customer's knowledge or grossly negligent lack of knowledge of the circumstances giving rise to the claim, but no later than one (1) year after the end of the year in which the claim arose. This does not apply in case of intent, gross negligence, damages arising from injury to life, body or health, or claims according to statutory regulations.
. Warranty
12.1 The Customer is obliged to report any defects (e.g. functional failures, malfunctions or impairments of the Services) to KAZIMI immediately and as precisely as possible to the support email address: support@kazimi.io. Further, the Customer shall provide KAZIMI with reasonable support in analysing and rectifying the defect and shall immediately grant access to any documents providing further details on the circumstances in which the defect occurred.
12.2 In case of an update, upgrade or a new version of the Services provided by KAZIMI, the warranty claims shall be limited to the new features of such update, upgrade and new version compared to the previous version. This limitation of warranty claims also applies to any updates, upgrades or new versions of the KAZIMI Library available for the Customer to integrate.
12.3 Warranty claims are excluded if the Customer itself or a third party (i) modifies functionalities of the Services without prior authorisation by KAZIMI or (ii) does not use the Services in the intended way or in an operating environment other than the intended one, including but not limited to operating errors by the Customer, non-observance of use instructions or use of incorrect or missing processing data. This shall not apply if the Customer proves that any defects occurring are unrelated to such circumstances.
12.4 In the event of defects for which KAZIMI is responsible, statutory provisions shall in principle apply, especially sections 536b and section 536c BGB. The application of section 536a para. 1 BGB is excluded insofar as the provision contains strict liability (verschuldungsunabhängige Haftung).
12.5 In the event of an insignificant reduction in the value and/or the suitability of the Services, the Customer shall not be entitled to any warranty claims.
Term and Termination
13.1 Unless otherwise agreed in the Customer Purchase Order, the Agreement has an initial term of twelve (12) months and renews automatically for an additional twelve (12) month period if not terminated by either Party with three (3) months' prior written notice to the end of the respective term.
13.2 The right to terminate for good cause at any time without notice by either Party remains unaffected. Good cause shall be deemed to exist in particular, but not limited to, if (i) the other Party persistently breaches material contractual obligations under this agreement and fails to remedy the breach within a reasonable period of time despite a warning of the respective other Party, (ii) if the other Party suffers a material deterioration or threat to its assets or is in bankruptcy or liquidation (other than for the purpose of a solvent restructuring or merger) or (iii) if the continued provision of the Services becomes unfeasible due to economic or legal reasons.
13.3 After a termination has come into effect, Customer may no longer use the Services and shall delete the KAZIMI Library on all of the Customer's systems, as applicable.
13.4 60 days after a termination has come into effect all stored data relating to the Customer and the respective user accounts will be deleted. This does not include data for which a shorter or longer retention period is required under applicable law.
13.5 The notice of termination shall be given in writing to the address provided in the Customer Purchase Order.
Default in performance, Force Majeure
14.1 KAZIMI shall be released from its obligation to perform if the non-performance is due to circumstances of force majeure or other unforeseen circumstances for which KAZIMI is not responsible (including, but not limited to war, labour strike, natural disasters, water intrusion, pandemics, system-wide failures on the internet or sabotage by malware). The default of performance shall also apply in the event of delays due to circumstances in the Customer's area of responsibility, e.g. non-timely performance of Customer obligations or lack of availability of Customer-side IT facilities with associated interfaces.
14.2 The release from the obligation to perform shall apply for the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than two (2) months, either Party shall be entitled to terminate the Agreement after expiry of a reasonable grace period. The Customer shall not be entitled to claim for damages or reimbursement of expenses against KAZIMI in such cases.
14.3 The Parties shall inform each other of the occurrence in a case of force majeure or other circumstances referred to in this Section 14 immediately upon becoming aware thereof.
Confidentiality
15.1 The Parties undertake to treat all confidential information that becomes known to them in the context of the contractual relationship as confidential and to use it only for the performance of their contractual obligations under this Agreement. "Confidential Information" shall mean all information which is made available to the receiving Party by the disclosing Party verbally, in writing or in any other form, in particular, without being limited thereto: know-how, products, processes, intellectual property, business secrets, business strategies, business plans, financial planning, personnel matters and business relationships when such information is designated as such or to be regarded as confidential by its nature, in particular information about the functionality of the KAZIMI Platform and the Services, including the underlying structure
15.2 As Confidential Information within the meaning of Section 15.1 shall not be regarded as such, if the information of which the receiving Party can demonstrate:
such information is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on its part;
it had received such information from a third party who was entitled to disclose this information without restriction;
that the Confidential Information has been independently gained without infringement of a duty of confidentiality;
or a Party is required by applicable law, governmental regulation or lawful court or governmental order to disclose Confidential Information, provided, to the extent permitted by law, such Party notifies the other Party of such disclosure and takes reasonable steps to avoid and/or minimise the extent of such disclosure
15.3 The provisions of the law on the protection of business secrets (Gesetz zum Schutz von Geschäftsgeheimnissen) shall remain unaffected by the provisions set out in this Section 15.
15.4 The rights and obligations under this Section 15 shall survive the term of the Agreement for a period of three (3) years. Both Parties are obliged to return or destroy Confidential Information of the other Party upon termination of the Agreement. With respect to Customer data, Section 12.4 applies.
Contact Persons
16.1 Each Party shall appoint one or more contact persons (each a "Contact Person") who are responsible for all communications relating to this Agreement. Such Contact Persons are authorised to make and receive statements in connection with the performance of this Agreement but are not authorised to legally represent the respective Party.
16.2 Unless expressly agreed otherwise in writing, (i) all material notifications and consultations relating to the performance of this Agreement must be routed solely through the appointed Contact Persons and (ii) communication addressed at the Customer's Contact Person will be sent to the email address linked to the Customer’s user account.
16.3 Changes to the designated Contact Persons shall be communicated to the other Party without undue delay and in writing (email sufficient).
Miscellaneous
17.1 By executing this Agreement, both Parties affirm that they possess the necessary authority and legal capacity to enter into this contractual relationship.
17.2 The transfer of the Agreement or individual rights or obligations hereunder by the Customer to third parties requires the prior written consent of KAZIMI. Section 354a of the German Commercial Code (Handelsgesetzbuch "HGB") remains unaffected.
17.3 Offsetting (Aufrechnung) by the Customer is only permitted with an undisputed or legally established claim of KAZIMI. The same applies to the assertion of rights of retention (Zurückbehaltungsrecht), whereupon the counterclaim has to be based on the same contractual relationship.
17.4 The performance and legal relationships between the Parties shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.5 The place of contractual performance shall be Berlin, Germany.
17.6 The exclusive place of jurisdiction for all disputes arising from and in connection with the Agreement shall be Berlin, Germany.
17.7 Amendments or supplements to the Agreement existing between the Parties, including a contract to waive this formal requirement, must be made in written form.
17.8 In case individual provisions of the KAZIMI GTC are or become invalid or unenforceable, this shall not affect the validity of the remaining contractual provisions. The Parties shall endeavour to replace the invalid or unenforceable provision by a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision. The same shall apply in the event of a gap in the Agreement.
Last Updated 18 February 2026