Terms ofService

Service Provider

Customer

The individual or legal entity that registers for and uses our services ("Customer", "you", "your").

SapienStream Platform

We provide a cloud-based industrial automation platform that includes:

• Real-time data collection and processing from industrial systems
• Analytics and reporting tools for operational insights
• API access for system integration
• Machine learning algorithms for predictive maintenance
• Compliance monitoring and audit trails
• Customer support and technical assistance

Service Levels

Account Creation

To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

Eligibility

• You must be at least 18 years old or have legal capacity under German law
• You must have authority to bind your organization (for business accounts)
• You must not be prohibited from receiving services under German or EU law
• Your use must comply with applicable export control regulations

Account Security

You are responsible for all activities under your account. Notify us immediately of any unauthorized access. We may suspend accounts that pose security risks.

Subscription Plans

Services are provided on a subscription basis (monthly or annual). Pricing is displayed in EUR and includes applicable German VAT (19%).

Payment Terms

• Payment is due in advance for each billing period
• We accept major credit cards and SEPA direct debit
• Late payments may result in service suspension after 14 days notice
• Business customers may request invoicing with NET 30 terms

Price Changes

We may adjust pricing with 60 days advance notice. Existing customers receive protection from increases for 12 months from notice date.

Taxes

German VAT (19%) applies to services provided to customers in Germany. EU customers with valid VAT ID may be eligible for reverse charge mechanism under EU Directive 2006/112/EC.

Data Processing Agreement

When processing personal data on your behalf, we act as data processor under GDPR Article 28. Our Data Processing Agreement (DPA) is incorporated by reference and available in your account settings.

Data Sovereignty

• Your industrial data remains under your control and ownership
• Data is processed primarily in EU/EEA data centers
• You may export or delete your data at any time
• We implement data residency controls as required

AI and Automated Processing

Our platform uses AI systems classified under EU AI Act. All automated processing is subject to human oversight and you retain control over implementation of AI recommendations.

Permitted Uses

You may use our services for legitimate industrial automation, monitoring, and optimization purposes in compliance with applicable laws.

Prohibited Activities

• Violating any applicable laws or regulations
• Attempting to circumvent security measures
• Reverse engineering or creating derivative works
• Transmitting malware or harmful code
• Using services to compete with SapienStream
• Excessive use that impacts platform performance
• Processing data without proper legal basis

Our IP Rights

SapienStream and its licensors own all rights in the platform, including software, algorithms, documentation, and trademarks.

Your Data Rights

You retain all rights to your industrial data, configurations, and custom content. You grant us necessary rights to provide services and improve our platform.

License Grant

We grant you a non-exclusive, non-transferable license to use our services during your subscription term, subject to these terms.

Liability Limitations (German Law)

In accordance with German law (BGB), our liability is limited as follows:

• Unlimited liability for intentional acts and gross negligence
• Unlimited liability for personal injury and death
• Unlimited liability under product liability law
• For simple negligence, liability limited to foreseeable typical damages
• No liability for simple negligence except breach of cardinal duties

Damage Caps

Where liability is limited, total damages are capped at:

Excluded Damages

We are not liable for indirect, consequential, or special damages, including lost profits, except where prohibited by mandatory German law.

Termination by Customer

• Cancel anytime with 30 days notice to end of billing period
• Annual subscriptions: Cancellation effective at end of annual term
• No refunds for partial billing periods except for material breach
• Export your data before termination (available 30 days post-cancellation)

Termination by SapienStream

• Immediate termination for material breach or prohibited use
• 30 days notice for convenience or business reasons
• 14 days notice for non-payment (after cure period)
• Right to suspend services pending investigation

Effect of Termination

Upon termination, your access to services ceases, data export facilities remain available for 30 days, and we will delete your data according to our retention policy and legal requirements.

Applicable Law

These terms are governed by German law (Bürgerliches Gesetzbuch - BGB), excluding the UN Convention on Contracts for the International Sale of Goods.

Jurisdiction

For customers who are merchants (Kaufleute), legal entities under public law, or special assets under public law, or customers who have no general place of jurisdiction in Germany:

Exclusive jurisdiction: Courts of Berlin, Germany

Consumer Protection

Nothing in these terms affects the mandatory consumer protection rights under German and EU law. EU consumers may also bring disputes in their country of residence.

Alternative Dispute Resolution

We participate in the dispute resolution procedure before the "Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V." for consumer disputes under German VSBG.

Changes to Terms

We may update these terms with 60 days notice for existing customers. Continued use after effective date constitutes acceptance. Material changes affecting consumer rights require express consent.

Severability

If any provision is invalid or unenforceable, it will be replaced by a valid provision that most closely reflects the intended purpose. Other provisions remain in full effect.

Assignment

You may not assign these terms without our written consent. We may assign our rights and obligations with 30 days notice, subject to data protection requirements.

Entire Agreement

These terms, together with our Privacy Policy and DPA, constitute the entire agreement between us regarding the services.