Terms of Service

Last updated: February 10, 2026

These Terms and Conditions ("Terms") govern the use of the DATFID software, APIs, SDKs, analytics services, and related offerings (collectively, the "Services") provided by DATFID GbR ("DATFID", "we", "us").

The Services are offered exclusively to business customers within the meaning of § 14 BGB ("Customers"). By accessing or using the Services, you agree to these Terms.

1. Scope of Services

DATFID provides data analytics insights and forecasting software for the analysis of structured, time-based business data and the generation of interpretable analytical outputs ("Results").

The Services may be provided as:

• Cloud-based software and APIs
• Software development kits (SDKs)
• Customer-hosted deployments (e.g. on-premises or private cloud)
• Optional onboarding, setup, or integration support

The specific scope, pricing, availability, and duration of Services may be defined in separate written agreements.

2. Intellectual Property Rights

DATFID retains all right, title, and interest, including all intellectual property rights, in and to the Services, underlying software, algorithms, models, methods, documentation, and any improvements or derivatives thereof.

Customers receive a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services and Results solely for their internal business purposes during the agreed term.

The Results generated by the Services do not constitute a transfer of ownership or rights to the Services or underlying intellectual property.

Any feedback or suggestions provided by the Customer may be used by DATFID without restriction or compensation.

3. Use Restrictions

Customers may not, directly or indirectly:

• Reverse engineer, decompile, or attempt to extract the underlying logic of the Services
• Copy, modify, or create derivative works of the Services
• Use the Services to develop or support competing products or services
• Grant access to the Services to third parties without DATFID's prior written consent

4. Customer Data & Data Protection

Customers retain ownership of all data provided to the Services ("Customer Data").

DATFID processes Customer Data solely for the purpose of providing the Services and in accordance with applicable data protection laws.

Where personal data is processed, such processing is governed by a separate Data Processing Agreement (AVV/DPA) pursuant to Art. 28 GDPR, available upon request (info@datfid.com).

DATFID does not use Customer Data for training models or systems unless explicitly agreed in writing.

Further information on data protection is available in DATFID's Privacy Policy.

5. Availability and Maintenance

DATFID provides the Services with commercially reasonable availability.

Temporary restrictions or interruptions may occur due to maintenance, updates, or technical reasons. Planned maintenance windows do not constitute defects.

A specific service level agreement (SLA) applies only if expressly agreed in writing.

6. Forecasting and Analytics Disclaimer

The Services provide analytical insights and forecasts based on statistical and computational methods.

Forecasts and Results are not guarantees of future outcomes and are provided solely as decision-support tools. Customers remain fully responsible for all business decisions made based on the Results.

7. Warranty and Defects

The Services are provided "as is".

DATFID does not guarantee that the Services will be uninterrupted or error-free.

Liability for defects existing at the beginning of the provision of Services without fault (verschuldensunabhängige Haftung) is excluded pursuant to § 536a Abs. 1 BGB. This exclusion does not apply in cases of intent or gross negligence.

8. Liability

DATFID shall be liable without limitation:

• In cases of intent or gross negligence
• For damages resulting from injury to life, body, or health
• Under mandatory statutory liability provisions

In cases of slight negligence, DATFID shall be liable only for the breach of material contractual obligations (Kardinalpflichten). In such cases, liability is limited to foreseeable, contract-typical damages. Any further liability is excluded.

DATFID's total liability shall be limited to the fees paid by the Customer for the Services in the twelve (12) months preceding the event giving rise to the claim.

9. Payment and Default

Unless otherwise agreed, invoices are payable within fourteen (14) days of the invoice date.

DATFID may suspend access to the Services if the Customer is in material payment default after prior notice.

Except as expressly agreed otherwise in writing, the fees payable by the Customer for the contracted entitlements shall not increase by more than three percent (3%) in any twelve (12) month period during the applicable subscription or service term. Any such increase shall take effect only upon renewal of the applicable term and will be communicated to the Customer in text form (e.g. email) at least thirty (30) days prior to the renewal date. Any different or additional terms contained in purchase orders or similar documents issued by the Customer shall have no force or effect, even if signed after these Terms.

10. Termination

Customers may discontinue use of the Services at any time.

DATFID may suspend or terminate access to the Services if these Terms are materially violated or if required by law.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules.

If the Customer is a merchant (Kaufmann), the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the registered seat of DATFID GbR in Gilching, Germany.

12. Amendments

DATFID may amend these Terms with reasonable prior notice. Amendments will be communicated in text form (e.g. email) at least four (4) weeks before they take effect.

If the Customer does not object within this period, the amended Terms shall be deemed accepted.

13. Severability

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

14. Provider Information

DATFID GbR

82205 Gilching, Rosenstraße 2

Represented by its partners:

Igor Schapiro, Dr. Valerii Dashuk

Email: info@datfid.com