Terms of Service

Last updated: January 2026

Preamble

These Terms of Service govern the contractual relationship between Patterno GmbH i.G., Jungfrauenthal 8, 20149 Hamburg, Germany (hereinafter "Provider"), and the respective customer (hereinafter "Customer").

This offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special public-law funds. Consumers within the meaning of § 13 BGB are excluded from use.

§ 1 Subject Matter and Services

(1) The Provider provides the Customer with a web-based Software-as-a-Service platform (SaaS) that includes the following functions:

(a) Searching publicly accessible tender portals and databases according to search criteria defined by the Customer,
(b) AI-supported analysis, categorization, and summarization of tender content,
(c) Support in creating proposal templates and texts using generative artificial intelligence,
(d) Management functions for organizing tenders and proposals.

(2) The Provider owes the provision of the software as a tool for independent use by the Customer according to the service description in paragraph 1. The Provider does not guarantee specific business results, in particular not the award of tenders, the completeness of tender databases, or the legal correctness of created proposal content.

(3) The software serves exclusively as an assistance and information system. It does not constitute and does not replace legal, tax, procurement, or business consulting.

(4) The Provider is entitled to use third-party providers (subcontractors) to provide the services, particularly for cloud hosting, AI services, and infrastructure components. The Provider carefully selects subcontractors and ensures that they maintain appropriate data protection and security standards. The Provider will inform the Customer of significant changes to subcontractors, particularly changes to the cloud hosting provider or AI model provider, at least four weeks in advance by email.

§ 2 Contract Conclusion and Registration

(1) The contract is concluded by signing an individual offer or order confirmation by both parties. The minimum term according to § 8 para. 1 begins on the start date specified in the offer or, if no start date was agreed, upon receipt of the first payment by the Provider.

(2) The Customer assures that the data provided during registration is complete and truthful. Changes must be communicated to the Provider immediately.

(3) The Customer is obliged to keep their access data secret and protect it from third-party access. The Provider must be informed immediately if misuse is suspected.

§ 3 Usage Rights and License Model (Named User)

(1) The Provider grants the Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use the software as intended in the course of their ordinary business activities for the duration of the contract.

(2) Licensing is on a Named-User basis. Each user access is personal and may only be used by the specifically named natural person. Simultaneous sharing of access data between multiple persons or multiple use of an access is not permitted.

(3) In case of permanent departure of a named person (e.g., through termination, retirement), the user access may be transferred once free of charge to another person. The renaming must be communicated to the Provider in writing.

(4) In case of violations of the Named-User model, the Provider is entitled to temporarily block the affected access after written warning and unsuccessful expiration of a five working day deadline. The right to extraordinary termination for good cause according to § 8 para. 4 remains unaffected.

(5) Any use of the software beyond its intended use, particularly decompilation, disassembly, resale, or making publicly available, is prohibited.

§ 4 AI Functionality and Customer Responsibility

(1) The Customer acknowledges and accepts that the software is based on generative artificial intelligence (Large Language Models). The content generated by the software, particularly summaries, analyses, evaluations, recommendations, or text drafts, is based on statistical models and pattern recognition.

(2) AI-generated content may contain inaccuracies, errors, omissions, factually incorrect statements, or so-called "hallucinations" (plausible-sounding but factually incorrect information). The Customer is aware that the software does not replace human expertise and that AI systems are inherently error-prone.

(3) The Customer is obliged to independently verify all content generated by the software for accuracy, completeness, plausibility, and legality before business use, particularly before submission to contracting authorities, agencies, or other third parties, and to adjust it if necessary.

(4) The Customer bears sole responsibility for the substantive, legal, and economic design of their offers and business decisions. The use of the software is at the Customer's own risk.

(5) Liability of the Provider for indirect damages, consequential damages, lost profits, or other financial losses resulting from the business use of AI-generated content is excluded unless intent or gross negligence is involved. The liability provisions in § 11 otherwise remain unaffected.

(6) The Customer receives full usage rights to the content generated by the software, insofar as such rights can arise for AI-generated content under applicable law. The Provider retains no rights to the AI outputs initiated by the Customer.

§ 5 Data Use, Processing, and Development

(1) Ownership of Customer Data
The Customer retains all rights and ownership of the data, documents, and content entered, uploaded, or processed by them in the software.

(2) Data Processing for Contract Performance
The Provider processes personal data of the Customer exclusively for the performance of this contract and for the provision of the software pursuant to Art. 6 para. 1 lit. b GDPR.

(3) Use of Aggregated Data for Development
The Provider is entitled to use the data entered or uploaded by the Customer in aggregated and anonymized form to further develop and improve the software, underlying algorithms, and statistical models. The data will not be used for training third-party AI models.

Anonymization means that personal data is processed in such a way that attribution to a specific or identifiable natural person is no longer possible, even with the addition of additional information.

Aggregation means the combination of data such that individual records are no longer individually identifiable and no conclusions about the Customer, individual persons, trade secrets, or company-related information are possible.

(4) Legal Basis
Processing according to paragraph 3 is based on Art. 6 para. 1 lit. f GDPR (legitimate interest of the Provider in continuous improvement of the software and ensuring competitiveness).

(5) Time Limitation
The right to use anonymized and aggregated data according to paragraph 3 exists indefinitely, as anonymized data no longer has any personal reference.

(6) Privacy Policy
Further information on data processing, Customer rights, and data security can be found in the Privacy Policy, which is part of this contract.

§ 6 Availability, Maintenance, and Support

(1) Availability
The Provider provides the software with an annual average availability of 95%, calculated on a 24/7 basis (8,760 hours per year). Planned maintenance windows according to paragraph 2 and outages due to force majeure or other circumstances not attributable to the Provider are excluded from the calculation.

(2) Maintenance and Updates
The Provider is entitled to temporarily restrict or shut down the software for maintenance, security, or update work. Planned maintenance work will be announced to the Customer where possible 48 hours in advance by email and will be carried out outside normal business hours (Monday to Friday, 9:00 to 18:00 CET) where possible.

(3) Availability Credit
If the actual availability falls below the target of 95% in a calendar month, the Customer will receive upon request a proportional refund of the usage fee paid for that month according to the following scale:

94.0% to 94.9% availability: 5% credit
93.0% to 93.9% availability: 10% credit
92.0% to 92.9% availability: 15% credit
91.0% to 91.9% availability: 20% credit
Below 91.0% availability: 25% credit

Claims must be made within 30 days after the end of the affected month. This is the Customer's exclusive remedy for availability issues unless intent or gross negligence is involved.

(4) Support
The Provider offers technical support by email (info@patterno.de) during normal business hours (Monday to Friday, 9:00 to 18:00 CET, except public holidays in Hamburg). The Provider endeavors to respond to support requests within two business days.

§ 7 Prices, Payment Terms, and Default

(1) Prices
Prices are based on the price list valid at the time of contract conclusion or on the individual offer. All prices are exclusive of the applicable statutory value-added tax.

(2) Payment Method
Billing is monthly in advance, on the 1st working day of each month. Invoices are issued electronically by email. The payment term is 14 days from the invoice date.

(3) Default
In case of payment default, the Provider is entitled to charge default interest at a rate of 9 percentage points above the respective base rate pursuant to § 288 para. 2 BGB. The right to claim higher damages remains reserved.

(4) Suspension Due to Payment Default
If the Customer is in default with payment of two consecutive monthly amounts or an amount equal to at least two monthly fees, the Provider is entitled to temporarily suspend access to the software after unsuccessful written reminder with a grace period of 10 working days. The Customer's payment obligation remains unaffected. Access will be restored immediately upon full payment.

§ 8 Contract Duration, Termination, and Contract End

(1) Minimum Term
The contract is concluded with a fixed minimum term of three months from activation of access. During the minimum term, ordinary termination by either party is excluded.

(2) Extension and Ordinary Termination
After expiration of the minimum term, the contract is extended for an indefinite period. The contract may then be terminated by either party with one month's notice to the end of the month.

(3) Form of Termination
Termination requires text form pursuant to § 126b BGB and may be sent by email to info@patterno.de. The Provider will confirm receipt of termination within three working days by email. If no confirmation is received, the Customer should ensure receipt of termination by other means.

(4) Extraordinary Termination
The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:

(a) serious or repeated violations of these Terms of Service, particularly against the Named-User model or payment obligations, if a warning with reasonable deadline has been unsuccessful,
(b) insolvency, cessation of payments, or liquidation of a party,
(c) serious violations of legal provisions, particularly data protection law.

(5) Data Return and Deletion
After contract termination, the Provider will make the data entered by the Customer available upon request within 30 days in a common, machine-readable format (CSV, JSON, or PDF). Thereafter, all personal data of the Customer and AI-generated content will be deleted unless legal retention obligations apply. Anonymized and aggregated data according to § 5 para. 3 remains unaffected.

(6) Discontinuation of Business Operations
In case of planned permanent discontinuation of business operations or essential functions of the software, the Provider undertakes to inform the Customer at least three months in advance in writing and to provide the data export function according to paragraph 5. In this case, the Customer has a special right of termination with immediate effect.

§ 9 Price Adjustment and Changes to Terms

(1) Price Adjustment
The Provider is entitled to adjust prices once a year with two months' notice. The adjustment may not exceed the percentage increase in the consumer price index for Germany (published by the Federal Statistical Office) compared to the previous year and is limited to a maximum of 8% per year.

Price increases attributable to demonstrable cost increases in essential third-party services (e.g., cloud hosting, AI API costs) that would exceed the framework of sentence 1 require separate written justification. The Customer may object to such price increase within four weeks of receipt of the notice. If the Customer objects, both parties have a special right of termination with one month's notice to the planned effective date of the price increase.

(2) Changes to Terms
The Provider is entitled to change these Terms of Service insofar as this is necessary due to changed legal situation, supreme court rulings, technical developments, or to adjust the scope of services. Changes will be communicated to the Customer at least six weeks before taking effect by email.

(3) Right of Objection
The Customer may object to changes to the Terms of Service in text form within four weeks of receipt of the change notice. If the Customer objects, the Provider is entitled to terminate the contract as of the planned effective date of the change. If the Customer does not object, the changes are deemed approved.

§ 10 Warranty and Defect Claims

(1) Defect Notification
The Customer is obliged to report defects in the software immediately upon discovery in text form (email to info@patterno.de) and to describe the defect as precisely as possible. The Provider will confirm receipt of the defect notification and endeavor to remedy it promptly.

(2) Subsequent Performance
In case of defects, the Provider has the right to subsequent performance. Subsequent performance is at the Provider's choice through defect elimination or provision of a defect-free software version. The Provider is entitled to two subsequent performance attempts.

(3) Further Rights
If subsequent performance fails, the Customer may at their choice reduce the fee or withdraw from the contract. Damage claims are governed exclusively by § 11 of these Terms of Service.

(4) Customer's Cooperation Obligations
Warranty claims may be limited if the Customer violates their cooperation obligations, particularly in case of insufficient description of the defect that significantly hinders or makes error analysis impossible.

(5) No Guarantees
The Provider does not assume any guarantee within the meaning of § 443 BGB for specific properties of the software unless expressly agreed in writing.

(6) Exclusion of Strict Liability
Strict liability for defects that already existed at the time of contract conclusion (§ 536a para. 1 BGB by analogy) is excluded unless the parties have expressly agreed on a quality agreement.

§ 11 Liability

(1) Unlimited Liability
The Provider is liable without limitation:

(a) for intent and gross negligence,
(b) for injury to life, body, or health,
(c) under the Product Liability Act,
(d) to the extent of a guarantee expressly assumed by them.

(2) Liability for Slight Negligence – Cardinal Obligations
In case of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability is limited in amount to the typically foreseeable damage.

Essential contractual obligation includes in particular the obligation to provide the software according to § 1 of these Terms of Service with the availability defined in § 6 para. 1.

Liability for slight negligence is limited per claim to three times the average monthly fee of the last twelve months, but not more than EUR 50,000.

(3) Exclusion of Liability Otherwise
The Provider is not liable for slightly negligent breach of non-essential obligations.

(4) Liability for Indirect and Consequential Damages
Liability for indirect damages, consequential damages, lost profits, production downtime, and damages from third-party claims against the Customer is excluded unless paragraph 1 applies.

(5) Data Loss
Liability for data loss is limited to the typical recovery effort that would have been incurred with regular and appropriate backup copies by the Customer. The Customer is obliged to make their own data backups.

(6) Vicarious Agents
The above limitations and exclusions of liability also apply in favor of the Provider's vicarious agents, employees, representatives, and legal representatives.

(7) Limitation
Damage claims are time-barred twelve months from the statutory start of the limitation period unless paragraph 1 applies or longer periods are mandatorily prescribed by law.

§ 12 Confidentiality

(1) Both parties undertake to keep confidential all information that becomes known to them in the course of the business relationship and that is marked as confidential or whose confidentiality results from the circumstances (hereinafter "Confidential Information") and not to disclose it to third parties.

(2) Confidential Information may only be used for purposes of contract performance. The confidentiality obligation continues for a period of three years after termination of the contract.

(3) Information is not considered confidential if it:

(a) was already publicly known at the time of disclosure,
(b) became publicly known after disclosure without fault of the receiving party,
(c) was demonstrably already known to the receiving party before disclosure,
(d) was lawfully received from an authorized third party without confidentiality obligation,
(e) must be disclosed due to legal or official order.

§ 13 Assignment and Set-off

(1) The Customer is not entitled to transfer or assign rights and obligations under this contract to third parties without the prior written consent of the Provider. Excluded from this are assignments in the context of company sales, mergers, or comparable restructurings, provided that the legal successor assumes the obligations under this contract.

(2) The Customer may only set off or assert a right of retention with undisputed or legally established claims.

§ 14 Force Majeure

(1) Both parties are released from their performance obligations insofar and as long as performance becomes impossible or unreasonable due to force majeure. Force majeure includes unforeseeable, extraordinary events that cannot be averted even with utmost care, particularly natural disasters, war, terrorist attacks, pandemics, strikes, official orders, or failure of critical infrastructure.

(2) The affected party is obliged to inform the other party immediately about the occurrence and expected end of the force majeure.

(3) If the force majeure lasts longer than two months, either party is entitled to terminate the contract with immediate effect.

§ 15 Final Provisions

(1) Applicable Law
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, Hamburg, Germany.

(3) Form Requirement
Amendments and supplements to this contract require text form pursuant to § 126b BGB. This also applies to amendments to this clause itself. Electronic communication (email) satisfies the text form requirement.

(4) Severability Clause
Should individual provisions of these Terms of Service be or become invalid, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a valid and enforceable provision in place of the invalid or unenforceable provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the contract.

(5) Place of Performance
The place of performance for all services is, unless otherwise agreed, the Provider's registered office in Hamburg.

Contact Details

Patterno GmbH i.G.
Jungfrauenthal 8
20149 Hamburg
Germany

Represented by: Leon Brunner, Managing Director
Email: info@patterno.de
Website: https://www.patterno.de