Terms & Conditions

1. Scope and contracting parties

These general terms and conditions ("Terms") apply to all services of DataNXT GmbH, Niederurseler Landstraße 91, 60439 Frankfurt am Main ("DataNXT", "we") towards its customers ("Customer").

They cover in particular the use of this website, participation in the early-access and beta programme, and the later use of the DataNXT platform.

The services are addressed exclusively to entrepreneurs within the meaning of Section 14 BGB, legal entities under public law, and special public-law funds. No contract is concluded with consumers within the meaning of Section 13 BGB.

Deviating, conflicting, or supplementary terms of the Customer do not become part of the contract unless we have expressly agreed to their application in text form. This also applies where we render services without reservation while aware of such terms.

Individual agreements – in particular separate framework, beta, or enterprise agreements and service descriptions – take precedence over these Terms in the event of conflict (Section 305b BGB).

2. Subject matter

DataNXT is developing an AI-supported workflow and analysis platform for finance teams. The platform connects documents, databases, market data, and internal systems into one traceable analysis layer.

The subject matter of the respective agreement may be:

• free access to this website and to informational content,
• admission to the waitlist and participation in the early-access and beta programme,
• paid provision of the platform for use over the internet (software as a service) after general availability,
• supplementary support, onboarding, and consulting services.

No advisory relationship. DataNXT provides no investment, legal, or tax advice and no licensable financial services within the meaning of the KWG or WpIG. Analysis results produced by the platform are work products that must be reviewed and approved by suitably qualified personnel of the Customer before any use. Professional and regulatory responsibility for decisions remains with the Customer.

Results of AI-supported processing. The Customer is aware that AI-supported methods can produce incorrect, incomplete, or non-reproducible results. The source references provided by the platform support that review but do not replace it.

3. Conclusion of contract

The presentation of services on this website is not a binding offer but an invitation to submit an offer.

By submitting an enquiry or waitlist form, the Customer makes an offer to be admitted to the respective programme. The contract is concluded by our confirmation in text form or by actually activating access.

There is no entitlement to admission to the waitlist or the early-access programme. We may decline requests without giving reasons.

We store the contract text. The contract language is German.

4. Early access, beta versions, and trials

For services designated as early access, beta, preview, or trial, the following applies in addition and with precedence:

• The services are provided free of charge and without any availability commitment.
• Feature scope, interface, and APIs may change or be discontinued at any time.
• The software may contain errors; it is not intended for productive use with business-critical or regulatorily relevant data.
• We may terminate access at any time with reasonable notice, and without notice in the event of abuse or a security risk.
• The Customer must not upload special categories of personal data (Article 9 GDPR) or any data whose loss would cause material damage.
• We may ask the Customer for feedback. If the Customer voluntarily provides feedback, we may use it free of charge and without limitation in time or territory to improve our services; the Customer's own intellectual property rights in its own content remain unaffected.

For services provided free of charge, and by way of derogation from clause 11, we are liable only for intent and gross negligence and for fraudulently concealed defects. Unlimited liability for injury to life, body, or health and under the German Product Liability Act remains unaffected.

5. Rights of use

For the term of the contract we grant the Customer a non-exclusive, non-transferable, and non-sublicensable right to use the platform as intended over the internet for its own business purposes.

The following are not permitted:

• transferring access credentials to third parties unless expressly agreed,
• reproducing, adapting, or distributing the software beyond the contractually intended use,
• reverse engineering, decompiling, or disassembling, except where Section 69e UrhG mandatorily permits otherwise,
• use for developing a competing product, and systematic benchmarking for competitive purposes without our consent in text form,
• automated bulk retrieval of content outside the interfaces provided.

All rights in the platform, its content, trademarks, and further developments remain with us or our licensors. We acquire no rights in the content contributed by the Customer beyond what is necessary to perform the contract.

6. Customer obligations

The Customer undertakes to:

• provide accurate, complete, and current information,
• keep access credentials confidential, secure them against third-party access, and notify us immediately of any suspected misuse,
• comply with applicable law when using the services, in particular data protection, copyright, capital markets, and professional law,
• ensure that it is entitled to upload the content and data it submits and that any necessary consents are in place,
• not introduce malicious software and not impair system security,
• maintain its own backups of its data to an extent appropriate to the risk of data loss.

The Customer indemnifies us against third-party claims arising from a breach of duty in the use of its access credentials or from content it has submitted, to the extent the Customer is responsible for that breach. We will inform the Customer of any such claim without undue delay and give it the opportunity to conduct the defence.

7. Availability and maintenance

For paid production use, platform availability is 99.0% on an annual average, measured at the handover point of our data centre.

The following do not count as downtime:

• announced maintenance windows, which we announce at least 48 hours in advance and schedule outside usual business hours where possible,
• disruptions due to force majeure or other circumstances for which we are not responsible,
• disruptions within the Customer's sphere of responsibility or its internet connection,
• impairments caused by necessary immediate measures to counter security incidents.

No availability is warranted in early-access and beta operation (clause 4).

8. Fees and payment

Access to this website and participation in the waitlist and early access are currently free of charge.

For paid production use the following applies:

• The prices agreed in the respective quote or order apply, supplemented by the price list valid at the time of contract conclusion.
• All prices are net and subject to statutory VAT.
• Fees are invoiced annually in advance and payable without deduction within 14 days of receipt of invoice.
• In the event of late payment, the statutory provisions apply, in particular Section 288(2) and (5) BGB.
• The Customer may only set off against undisputed or legally established claims; it has a right of retention only for claims arising from the same contractual relationship.

We announce price adjustments for ongoing contracts at least three months before they take effect, in text form. In that case the Customer may terminate the contract with extraordinary effect as of the date the adjustment takes effect.

9. Term and termination

Use of the website and participation in the waitlist and early access may be ended by either party at any time without notice.

Unless agreed otherwise, paid contracts run for 12 months and renew for a further 12 months each time unless terminated with three months' notice to the end of the term.

The right to extraordinary termination for cause remains unaffected. Cause exists for us in particular where the Customer is in default with payment of a not insignificant amount for more than 30 days, or materially breaches clause 5 or clause 6 despite a warning.

Terminations require text form. After the contract ends, we make the Customer's data available for export for 30 days and then delete it, unless statutory retention obligations apply.

We may withhold individual data where the Customer has itself previously excluded its export by contract, or where data protection requirements or agreements preclude release. In that case we will notify the Customer in text form before the export period expires and limit the release to the data not affected.

10. Defect rights

German rental law (Sections 535 et seq. BGB) applies to the paid provision of the platform. We provide the platform in a condition suitable for contractual use and maintain it in that condition for the term of the contract.

Strict liability irrespective of fault for defects existing at the time of contract conclusion under Section 536a(1) alt. 1 BGB is excluded. Otherwise clause 11 applies.

The Customer reports defects without undue delay in text form and describes them precisely enough to be reproducible. Insignificant impairments of usability do not constitute a defect.

No defect claims exist for services provided free of charge, including early access and beta versions; clause 4 applies in that regard.

11. Liability

We are liable without limitation:

• for intent and gross negligence,
• for damages arising from injury to life, body, or health,
• under the provisions of the German Product Liability Act,
• to the extent of a guarantee we have assumed.

In the event of slightly negligent breach of a material contractual obligation – an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely – our liability is limited to the foreseeable damage typical for this type of contract at the time of contract conclusion.

Otherwise liability for slight negligence is excluded.

The above limitations also apply for the benefit of our legal representatives, employees, and vicarious agents.

Data loss. Our liability for data loss is limited to the effort that would have been required for restoration had the Customer maintained proper and regular backups.

Liability cap. For slightly negligent breach of material contractual obligations, our liability per event of damage is limited to the fees paid in the preceding contract year.

12. Data protection and processing on behalf

Information on the processing of personal data in connection with this website is set out in our Privacy Policy.

Where we process personal data on the Customer's behalf in the course of platform use, the parties conclude a data processing agreement under Article 28 GDPR before processing begins. The Customer remains the controller within the meaning of Article 4(7) GDPR and is responsible for the lawfulness of the processing.

The Customer ensures that it is entitled to transfer the data it submits and that data subjects have been informed or have consented where required.

13. Confidentiality

The parties treat as confidential all confidential information of the other party that becomes known to them in the course of the cooperation, and use it solely for the purposes of the contract. Confidential information includes in particular technical details of the platform, prices, roadmaps, and information marked as confidential.

The obligation does not apply to information that:

• was already known to the receiving party before disclosure,
• is publicly known or becomes so without breach of this agreement,
• was independently developed by the receiving party, or
• must be disclosed under statutory or official order; in that case the obliged party informs the other party in advance where possible.

The confidentiality obligation continues for three years after the end of the contract. Rights under the German Trade Secrets Act remain unaffected.

14. Reference use

We may use the Customer's name and logo as a reference only with the Customer's prior consent in text form. Consent once given may be withdrawn at any time with effect for the future.

15. Force majeure

Events of force majeure that make performance substantially more difficult or impossible release us from the obligation to perform for the duration of the disruption. These include in particular natural disasters, war, labour disputes, official measures, and large-scale failures of power, telecommunications, or cloud infrastructure for which we are not responsible.

If the disruption lasts longer than two months, either party may terminate the affected contract. Fees already paid for services not rendered will be refunded.

16. Changes to these Terms

We may change these Terms with effect for the future where necessary to adapt to a changed legal situation or case law, or to further developments of the platform, and where the Customer is not unreasonably disadvantaged.

We notify the Customer of changes in text form at least six weeks before they are due to take effect. If the Customer does not object within six weeks of receiving the notice, the changes are deemed accepted; we point out this effect separately in the notice. If the Customer objects, either party may terminate the contract as of the effective date.

17. Final provisions

Governing law. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

Place of jurisdiction. If the Customer is a merchant, a legal entity under public law, or a special public-law fund, Frankfurt am Main is the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship. We are also entitled to sue at the Customer's general place of jurisdiction.

Text form. Amendments and supplements to this contract require text form. This also applies to any waiver of this text-form requirement. The precedence of individual agreements under Section 305b BGB remains unaffected.

Assignment. The Customer may assign rights under this contract to third parties only with our prior consent in text form; Section 354a HGB remains unaffected.

Severability. Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid provision.

Consumer dispute resolution. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG). The European Commission's ODR platform was shut down on 20 July 2025.

18. Contact

If you have questions about these Terms, you can reach us at:

Full provider details are set out in our Legal Notice.