Last updated: 15 May 2026
About this translation
This English version is a translation of the German original text of 15 May 2026. In the event of discrepancies between the language versions, the German version governs the legal interpretation. If anything is unclear or you have a question about the content, please contact us at [email protected]. We will also answer your question in English.
Section 1 Scope
These General Terms and Conditions (hereinafter "GTC") apply to all contracts between DARC Management UG (haftungsbeschränkt), Gewerbestr. 37a, 58285 Gevelsberg, Germany (hereinafter "Provider") and its customers concerning the use of the SaaS platform DARION-AI (hereinafter "Platform").
The Platform is directed exclusively at entrepreneurs within the meaning of Section 14 BGB (German Civil Code), that is to say natural persons, legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when concluding a legal transaction. Consumers within the meaning of Section 13 BGB are excluded from use.
Conflicting or deviating general terms and conditions of the customer shall not apply, even if the Provider does not expressly object to their application. Deviations apply only if the Provider has agreed to them in writing.
Section 2 Conclusion of contract
The customer submits an offer to conclude a usage contract by registering via the Provider's website and completing and submitting the order form in full. Acceptance by the Provider takes place by means of a confirmation email or by activation of access to the Platform, whichever occurs first.
There is no entitlement to the conclusion of a usage contract. The Provider reserves the right to reject registration requests without stating reasons.
Section 3 Subject matter of the contract
The subject matter of the contract is the provision of the cloud-based SaaS platform DARION-AI via the internet for use during the term of the contract. The Platform comprises all modules actively provided at the relevant time. The current scope can be viewed at darion-ai.de/en/module; this overview is generated directly from the Platform's module registry. The modules marked there as "Available" are owed under the contract; modules marked "Coming soon" are announced but do not form part of the subject matter of the contract. All available modules are included in the price; modules activated in the future are included at no additional charge. In any event, the module scope available at the time of conclusion of the contract shall be authoritative as a minimum; restrictions of this scope are governed by the change clause in this Section 3.
The standard scope includes AI-assisted use of the Platform within the agreed usage volume as well as cloud storage of 10 GB per customer account. An extension of storage is possible on request; terms are agreed individually.
Hosting takes place exclusively on servers in Germany (Hetzner Online GmbH, data centres Nuremberg and Falkenstein).
The Provider is entitled to extend the scope of services of the Platform through updates and new functions and to adapt individual functions having regard to the legitimate interests of the customer, provided that the overall character of the Platform is not thereby materially altered. The Provider shall announce significant changes that are disadvantageous to the customer at least four weeks in advance in text form. The customer may object to such a change within 14 days of receipt; in that case, either party may terminate the contract with one month's notice.
Section 4 Rights of use
The Provider grants the customer, for the duration of the contract, a non-exclusive, non-transferable and non-sublicensable right to use the Platform exclusively for its own business purposes.
The right of use is limited to the number of user accounts (users) agreed in the contract. Each user account may be used by one natural person only; shared use of an account by several persons is not permitted.
The customer is in particular prohibited from:
- making the Platform or parts thereof available, renting it out or granting access to third parties;
- decompiling, disassembling or otherwise reverse engineering the Platform, unless mandatory statutory rights permit this;
- using the Platform for illegal purposes or in a manner that harms third parties or the Provider.
Section 5 Prices and payment terms
Use of the Platform is billed at EUR 49.00 net per user per month (plus statutory value added tax at the applicable rate).
Monthly payment is due in advance in each case. The Provider issues the customer an invoice at the beginning of each billing period. Payment may be made by SEPA direct debit, credit card or on account (subject to separate agreement).
Reverse charge procedure: if the customer holds a valid VAT identification number of another EU member state, the invoice is issued without value added tax being shown. In this case, liability for the tax passes to the recipient of the service (Section 13b UStG and Art. 196 of VAT Directive 2006/112/EC respectively).
In the event of default in payment, the Provider is entitled, after expiry of a reasonable period of grace, to block access to the Platform until the outstanding amount has been paid in full. Further statutory claims remain unaffected.
All prices stated are net prices. Price changes are communicated in accordance with Section 12 of these GTC.
Section 6 Contract term and termination
The contract is concluded for an indefinite period. The minimum term is one month. Both parties may terminate the contract by giving 30 days' notice to the end of the month.
Termination may be effected in writing by email to [email protected] or via the termination function within the Platform.
Trial period: new customers receive a free trial period of 14 days from registration. No costs arise during the trial period. The trial period does not automatically convert into a paid subscription; an active booking by the customer is required.
The right to extraordinary termination for good cause remains unaffected. Good cause on the part of the Provider exists in particular where the customer is in default of payment despite a reminder and the setting of a period of grace, or where the customer uses the Platform abusively, unlawfully or contrary to these GTC.
Section 7 Obligations of the customer
The customer undertakes:
- to provide complete and truthful information upon registration and to keep it up to date;
- to keep access credentials (passwords, API keys) secure and not to pass them on to third parties;
- to report misuse of or unauthorised access to its account to the Provider without delay;
- to use the Platform only in accordance with the applicable statutory provisions, in particular data protection law, copyright law and competition law;
- not to process or store any content that is unlawful, offensive, discriminatory or otherwise harmful.
The customer bears sole responsibility for the data and content entered into the Platform by it or its users.
Section 8 Availability and liability for defects
The Provider aims to achieve the highest possible availability of the Platform but does not guarantee any minimum availability. Planned maintenance work is notified to the customer in advance where possible. Maintenance windows do not constitute an interruption of service in breach of contract.
Defects in the Platform entitle the customer to a reduction in the fee or to termination for good cause, provided that the Provider does not remedy a reported material defect within a reasonable period of grace. Rights in respect of defects are governed by the statutory provisions of the BGB.
The Provider is entitled to shut down the Platform temporarily for good cause, in particular in the event of security threats or compelling maintenance requirements. In such a case, the Provider will inform the customer as early as possible.
Section 9 Data protection and processing on behalf
In so far as the customer processes personal data of third parties (for example employees, customers) in the course of using the Platform, the customer acts as controller within the meaning of the GDPR and the Provider as processor.
The parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR for this purpose, which forms part of the overall contract. The data processing agreement is available to the customer for signature in the Platform's administration interface.
The Provider's privacy policy is available at darion-ai.de/en/privacy-policy and governs the processing of the customer's own data (for example contact details, billing data).
Section 10 Liability
The Provider is liable without limitation for damage arising from injury to life, body or health as well as for damage based on intent or gross negligence on the part of the Provider or its legal representatives or vicarious agents, and for damage for which the Provider is answerable under mandatory applicable law (for example the German Product Liability Act).
In the case of slight negligence, the Provider is liable only where a material contractual obligation (cardinal obligation) is breached. In such a case, liability is limited to the typically foreseeable damage.
In all other respects, the Provider's liability, in particular for indirect damage, consequential damage or loss of profit, is excluded in the case of slight negligence.
The Provider is not liable for data losses resulting from inadequate data backup by the customer, in so far as the customer has not fulfilled the backup obligations incumbent upon it.
Section 11 Data export at the end of the contract
Following termination of the contract, the customer has the right to export its data from the Platform. The full data export is available to the customer via the Platform's administrator interface.
The Provider makes the export facility available for a period of 90 days after the end of the contract. Upon expiry of this period, the customer's data is irreversibly erased, unless a statutory retention obligation prevents this.
The Provider recommends that the customer carry out a full data export before giving notice of termination.
Section 12 Changes to the GTC
The Provider reserves the right to amend these GTC giving 30 days' notice. Notice is given by email to the email address provided by the customer and by means of a notification at the customer's next sign-in to the Platform.
If the customer does not object to the amended GTC in writing within 30 days of receipt of the notice, the amended GTC are deemed to have been accepted. The Provider will expressly draw attention to this right of objection and to the significance of silence in the notice.
In the event of a timely objection, the Provider is entitled to terminate the contract by ordinary notice with effect from the date on which the amended GTC enter into force.
Section 13 Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Hagen, provided that the customer is a merchant, a legal person under public law or a special fund under public law.
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that most closely approximates the economic purpose of the invalid provision (severability clause).
There are no verbal collateral agreements. Amendments and supplements to the contract must be made in writing; this also applies to any waiver of the written form requirement itself.
Provider: DARC Management UG (haftungsbeschränkt), Gewerbestr. 37a, 58285 Gevelsberg · HRB 12894 Amtsgericht Hagen · VAT ID DE367863767 · Managing Director Frank Wichert
If you have questions about these GTC, please contact [email protected] or call +49 2332 9994020.
Questions about special agreements? [email protected]