Terms of Service

1. Agreement to Terms

1.1 These Terms constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and Hellscasce GmbH ("Hellscasce," "we," "us," or "our") regarding your use of our Services.

1.2 By accessing or using our Services, you represent and warrant that:

• You have the legal capacity and authority to enter into these Terms;
• You are at least 18 years of age;
• You are not a resident of a country subject to an embargo by the European Union, the United States, or other applicable jurisdictions;
• You are not prohibited from receiving our Services under applicable laws.

1.3 If you are using the Services on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to bind that entity to these Terms and that you agree to these Terms on that entity's behalf.

2. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by a User to access and use the Services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Order" means a request to purchase Products through the Services.
• "Products" means the fruits, vegetables, and other items offered for sale through the Services.
• "Subscription" means a recurring Order for Products at specified intervals.
• "User" means an individual who accesses or uses the Services.
• "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Services and License

4.1 Services Description

Hellscasce provides an AI-powered case analysis platform that enables users to analyze, process, and gain insights from various types of case data. The specific features and functionality available to you may depend on the subscription plan or service tier you select.

4.2 License Grant

Subject to your compliance with these Terms, Hellscasce grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes. This license is personal to you and is subject to the restrictions set forth in these Terms.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

4.4 Support and Maintenance

Hellscasce will provide technical support and maintenance services as specified in your service agreement or subscription plan. Standard support includes assistance with technical issues related to the Services during normal business hours. Additional support options may be available for purchase.

4.5 Third-Party Services

The Services may include integrations with third-party services, applications, or websites. Your use of such third-party services is subject to their terms of service and privacy policies. We are not responsible for any third-party services or for the content or actions of any third parties.

5. Payment Terms

5.1 Fees and Billing

You agree to pay all fees associated with your use of the Services as specified in your service agreement or at the time of purchase. All fees are in Euro (EUR) unless otherwise stated and are exclusive of applicable taxes, which you are responsible for paying.

5.2 Subscription Fees

If you purchase a subscription to the Services, you will be billed in advance on a recurring basis according to your subscription plan (e.g., monthly, annually). You authorize us to charge your payment method for the subscription fees until your subscription is terminated.

5.3 Free Trials

We may offer free trials of our Services. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel your subscription before the end of the trial period.

5.4 Changes to Fees

We may change our fees at any time. If we increase subscription fees, we will provide notice at least 30 days before the change takes effect. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the updated fees.

5.5 Refunds

All purchases are final and non-refundable, except as specified in our Refund Policy or as required by applicable law.

5.6 Late Payments

If your payment is not received or is declined, we may suspend or terminate your access to the Services. You are responsible for all fees, charges, and taxes associated with your use of the Services, including any late fees or penalties.

6. Content and Intellectual Property

6.1 Hellscasce Content

Except for User Content, all Content included in or made available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hellscasce or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 User Content

When you upload, submit, store, send, or receive Content through our Services, you give Hellscasce a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Content solely for the purpose of providing and improving the Services. This license continues even if you stop using our Services. You represent and warrant that you have the necessary rights to grant us this license.

6.3 Ownership of Data

You retain ownership of any data you upload to the Services. However, you grant us the right to analyze, process, and use this data to provide and improve our Services, including training our AI models, subject to the confidentiality provisions in these Terms and our Privacy Policy.

6.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

6.5 Intellectual Property Rights

The Services and all intellectual property rights therein are and will remain the property of Hellscasce and its licensors. These Terms do not grant you any right, title, or interest in the Services, Hellscasce's trademarks, logos, or other intellectual property, or the intellectual property of third parties.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

7.1 Service Restrictions

You shall not:

• Copy, modify, or create derivative works of the Services or any part thereof;
• Reverse engineer, decompile, or disassemble the Services or attempt to discover the source code or algorithms of the Services;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party;
• Remove or alter any copyright, trademark, or other proprietary notices from the Services;
• Use the Services to build a similar or competitive product or service;
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Services;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

7.2 Content Restrictions

You shall not upload, transmit, or share Content that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
• Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Contains personal or sensitive information about any individual without their express consent;
• Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.

8. Disclaimers

8.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HELLSCASCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Accuracy Disclaimer

WHILE WE STRIVE TO PROVIDE ACCURATE ANALYSIS THROUGH OUR AI PLATFORM, WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESULTS, RECOMMENDATIONS, OR INSIGHTS GENERATED BY THE SERVICES. THE SERVICES ARE DESIGNED TO ASSIST WITH CASE ANALYSIS BUT SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR DECISION-MAKING.

8.3 Professional Advice Disclaimer

THE SERVICES DO NOT PROVIDE LEGAL, MEDICAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY INFORMATION OR RESULTS PROVIDED BY THE SERVICES SHOULD BE REVIEWED BY APPROPRIATE PROFESSIONALS BEFORE MAKING ANY DECISIONS BASED ON SUCH INFORMATION.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELLSCASCE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

9.2 Maximum Liability

IN NO EVENT SHALL HELLSCASCE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO HELLSCASCE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, HELLSCASCE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Hellscasce, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Services;
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

11. Term and Termination

11.1 Term

These Terms will remain in full force and effect while you use the Services or maintain an Account.

11.2 Termination by You

You may terminate these Terms by closing your Account and discontinuing use of the Services. If you have a subscription, you must cancel your subscription according to the cancellation procedures specified in your service agreement or in the account settings.

11.3 Termination by Hellscasce

We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we terminate these Terms for reasons other than your breach, we will provide a prorated refund for any prepaid but unused Services.

11.4 Effect of Termination

Upon termination of these Terms:

• Your right to use the Services will immediately cease;
• We may delete or archive your Account and User Content;
• Any fees accrued before termination will remain due and payable;
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Modification of Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Austria, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the courts located in Vienna, Austria. You consent to the personal jurisdiction of such courts and waive any objection to proceedings in such courts.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

13.4 Waiver

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5 Assignment

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations to any third party without your consent.

13.6 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Hellscasce concerning your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Hellscasce.

14. Contact Information

If you have any questions about these Terms, please contact us at: