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1.1 "hurra.ai" refers to the software-as-a-service (SaaS) product provided by Hurra Communications GmbH.
1.2 “Customer” means the business entity that subscribes to the hurra.ai service under this agreement.
1.3 "Services" refers to the provision of the hurra.ai platform and related features as described in this agreement.
1.4 "Contract" means this agreement and any Order Forms agreed between the parties.
1.5 "Order Form" refers to the document specifying the services to be provided, the subscription period, and applicable fees.
2.1 These Terms and Conditions govern the provision of the hurra.ai service to the Customer and form an integral part of the contract between Hurra Communications GmbH ("hurra.ai") and the Customer.
2.2 This agreement is applicable to businesses only and does not apply to consumers. The Customer confirms they are acting in a business capacity.
2.3 In the event of future agreements or renewals, these terms will apply unless explicitly varied in writing and agreed by both parties.
3.1 Non-Binding Offers: All offers made by hurra.ai are non-binding until an Order Form is signed by both parties.
3.2 Binding Contract: The contract comes into effect when either (a) the Customer signs and returns the Order Form provided by hurra.ai, or (b) hurra.ai provides written confirmation of the Customer’s order.
3.3 Contract Acceptance: By accessing or using the hurra.ai service, the Customer agrees to these terms and conditions.
3.4 Amendments: Any requests for amendments to the Order Form must be made in writing and confirmed by hurra.ai.
4.1 Service Description: hurra.ai will provide access to its AI-powered knowledge management platform as a SaaS service, allowing the Customer to use the platform in accordance with the features and functionality outlined in the Order Form.
4.2 Third-Party Integrations: The Customer may integrate hurra.ai with third-party tools (such as Slack, Teams, or CRMs) for source data connections, subject to the respective third-party’s terms of use.
4.3 Service Availability: hurra.ai will use reasonable endeavours to ensure the availability of its platform 24/7, excluding scheduled maintenance and unforeseen outages.
4.4 Service Changes: hurra.ai reserves the right to make reasonable modifications to the service, provided that such changes do not materially degrade the service’s functionality.
5.1 Integration: The Customer will be responsible for integrating hurra.ai into their systems in line with the instructions provided by hurra.ai.
5.2 Compliance with Laws: The Customer is responsible for ensuring their use of hurra.ai complies with all applicable laws and regulations, including, but not limited to, data protection laws such as GDPR.
5.3 Account Information: The Customer agrees to provide accurate and complete information when creating an account and must keep their login credentials secure.
5.4 Prohibited Use: The Customer must not misuse the hurra.ai platform by using it to engage in unlawful activities, including the distribution of malicious software, copyright infringement, or violating the privacy rights of individuals.
6.1 Fees: The Customer agrees to pay the fees specified in the Order Form. All payments are due in advance unless otherwise agreed.
6.2 Invoices: hurra.ai will issue invoices on a monthly or annual basis, as specified in the Order Form, and payments will be due immediately upon receipt.
6.3 Late Payments: If the Customer fails to pay an invoice on time, hurra.ai reserves the right to charge interest at a rate of 4% above the European Central Bank base rate on any overdue amounts.
6.4 No Refunds: Fees paid for the subscription to hurra.ai are non-refundable, except as required by law or unless explicitly stated in the contract.
7.1 Price Increases: hurra.ai reserves the right to adjust its pricing for ongoing subscriptions. Any price increases will be notified at least 30 days in advance.
7.2 Circumstances for Adjustment: Price adjustments may occur due to increases in taxes, governmental levies, changes in labour costs, or other cost factors beyond hurra.ai’s control.
8.1 Ownership: All intellectual property rights in the hurra.ai platform, including software, documentation, and branding, remain the exclusive property of Hurra Communications GmbH.
8.2 Customer Data: The Customer retains ownership of all data they input into the hurra.ai platform. hurra.ai will not use or disclose this data except as necessary to provide the service.
8.3 License: hurra.ai grants the Customer a non-exclusive, non-transferable, revocable license to use the platform for the duration of the subscription, solely for internal business purposes.
9.1 Data Processing: hurra.ai will process Customer data in accordance with applicable data protection laws, including GDPR.
9.2 Security Measures: hurra.ai will implement reasonable security measures to protect the integrity and confidentiality of Customer data.
9.3 Data Breaches: In the event of a data breach affecting Customer data, hurra.ai will notify the Customer without undue delay.
9.4 Third-Party Processors: The Customer acknowledges that hurra.ai may use third-party sub-processors to assist in providing the service, subject to hurra.ai’s data processing agreements.
10.1 Warranties: hurra.ai warrants that the service will function substantially as described in the documentation. However, hurra.ai does not warrant that the service will be error-free or uninterrupted.
10.2 Exclusions: To the extent permitted by law, hurra.ai excludes all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.3 Limitation of Liability: hurra.ai’s liability for any claim arising from this contract is limited to the total fees paid by the Customer in the 12 months preceding the claim.
10.4 Indirect Damages: hurra.ai is not liable for indirect, incidental, or consequential damages, including loss of profits, data loss, or business interruption, except where required by law.
11.1 Termination by Customer: The Customer may terminate the contract by providing 30 days' written notice before the renewal date.
11.2 Termination for Breach: Either party may terminate the contract with immediate effect if the other party materially breaches any term of this agreement and fails to remedy the breach within 30 days of notice.
11.3 Effect of Termination: Upon termination, the Customer’s access to the hurra.ai platform will be revoked, and the Customer must pay any outstanding fees.
12.1 Obligation: Both parties agree to keep confidential any non-public information disclosed by the other party during the term of the contract.
12.2 Exceptions: Confidential information does not include information that is public, already known to the recipient, or independently developed without breach of this agreement.
13.1 Governing Law: This agreement is governed by the laws of Germany.
13.2 Jurisdiction: Any disputes arising from this contract shall be subject to the exclusive jurisdiction of the courts of Stuttgart, Germany.
13.3 Mediation: Before resorting to litigation, the parties agree to attempt to resolve any dispute through good faith mediation.
14.1 Neither party shall be liable for any delay or failure to perform obligations under this agreement due to events beyond their reasonable control, such as natural disasters, war, or governmental action.
15.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.1 This agreement, along with any Order Forms, constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.
Version 1.0 - Updated 16.10.2024