Terms of Service

1.1 The provider of the casaios software and the contractual partner of the Customer is:

casaios UG (haftungsbeschränkt) Tal 44 80331 Munich Germany

Managing Director: Robert Hauser
Email: info@casaios.de
Commercial Register: Local Court of Munich, HRB 314065
VAT Identification Number: DE463520872

Hereinafter referred to as “casaios.”

1.2 These Terms of Service apply to the provision and use of the cloud-based software offered by casaios, including, in particular, analysis, assessment, reporting, governance, learning and administration functions as well as associated support services.

1.3 The services are offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law. Contracts with consumers are excluded.

1.4 Any conflicting or deviating terms and conditions of the Customer shall apply only if casaios has expressly agreed to their application in text form.

2.1 The nature and scope of the services are determined by the contractual documents applicable at the time the contract is concluded.

2.2 In the event of inconsistencies, the following order of precedence applies:

2.3 Information contained on public websites, in presentations or in marketing materials does not constitute a guarantee of characteristics unless it has expressly become part of the order.

3.1 The presentation of services on the website does not generally constitute a binding contractual offer.

3.2 A contract is formed through:

3.3 The Customer represents that the person acting on its behalf is authorised to conclude the contract and administer the Customer account.

3.4 The contract text and the contractual terms applicable at the time of conclusion will be provided to the Customer in a format that can be stored.

4.1 casaios provides the Customer with internet-based access to the booked software for the agreed contractual term.

4.2 The specific functionality is determined by the booked product, module, licence model and the service description applicable when the contract is concluded.

4.3 The software may include functions for collecting, structuring, analysing and presenting information and for creating analyses, recommendations, reports, overviews or other results.

4.4 A particular commercial, organisational, regulatory or other outcome is owed only where this has been expressly agreed individually.

4.5 casaios may further develop the software and modify functions, provided that:

4.6 Material modifications that significantly impair the contractual use will be announced to the Customer within a reasonable period in advance.

5.1 casaios provides the booked software to the Customer over the internet for the agreed contractual term.

5.2 The Customer requires a suitable internet connection, supported devices, current browsers and any other necessary technical infrastructure.

5.3 Unless a separate Service Level Agreement has expressly been agreed, casaios does not owe a specific percentage of minimum availability.

5.4 Temporary restrictions or interruptions may arise, in particular, from:

5.5 Where reasonably possible, casaios will perform scheduled maintenance in a manner that minimises interference with contractual use.

5.6 The provisions concerning warranty and liability remain unaffected.

6.1 In accordance with the booked scope of services, the Customer receives the right to create user accounts for authorised employees and other authorised persons.

6.2 User accounts are personal and may not be shared by several persons unless this is expressly supported by the service.

6.3 The Customer is responsible for managing its users, roles, permissions and organisational assignments.

6.4 Access credentials must be kept confidential and protected against unauthorised access.

6.5 The Customer must inform casaios without undue delay if:

6.6 Actions performed through a properly configured Customer account are attributable to the Customer unless casaios is responsible for the unauthorised access.

7.1 For the contractual term, casaios grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the booked software within the agreed scope for the Customer’s own business purposes.

7.2 The right of use is limited to the agreed number of users, companies, tenants, modules and other licence metrics.

7.3 In particular, the Customer may not:

7.4 All rights in the software, platform components, designs, databases, templates, methodologies, documentation and trademarks remain with casaios or the respective rights holders.

8.1 “Customer Data” means all information and content entered, uploaded or transmitted by the Customer or its users or generated within the software on their instruction.

8.2 Rights in Customer Data provided by the Customer remain with the Customer or the respective rights holder.

8.3 For the contractual term, the Customer grants casaios the rights necessary to process, reproduce, structure and technically transmit Customer Data solely to the extent required to perform the contract, secure the service, remedy errors and provide the agreed functions.

8.4 The Customer represents that:

8.5 The Customer may not transmit unlawful, harmful or security-threatening content.

8.6 casaios will not use personal Customer Data for its own advertising, profiling or AI-model training purposes solely on the basis of these Terms of Service. The Privacy Policy, the Data Processing Agreement and any separate express agreement shall apply.

9.1 The parties shall comply with the applicable data protection legislation, in particular the General Data Protection Regulation.

9.2 Where casaios processes personal data on behalf of the Customer, the parties shall enter into a separate Data Processing Agreement pursuant to Article 28 GDPR before the relevant processing begins.

9.3 The details of the processing, including its subject matter and duration, nature and purpose, categories of data, categories of data subjects, technical and organisational measures, subprocessors and international data transfers, will be governed by the separate Data Processing Agreement and its annexes.

9.4 The Customer remains responsible for the lawfulness of the collection, entry, use and transmission of personal data provided by it.

9.5 The Customer shall ensure that all required legal bases, notices, participation procedures, consents and other requirements for the processing initiated by it are in place.

9.6 The Customer may process special categories of personal data pursuant to Article 9 GDPR and data requiring a similarly high level of protection only where this has been expressly agreed and is technically intended for the relevant use case.

9.7 In the event of a conflict, the separate Data Processing Agreement takes precedence over the data-protection-related provisions of these Terms of Service.

10.1 casaios implements appropriate technical and organisational measures to protect the confidentiality, integrity, availability and resilience of the systems used to provide the service.

10.2 The Customer is responsible for appropriate security measures within its own area of responsibility. These include, in particular:

10.3 Absolute freedom from errors and complete security cannot be guaranteed for internet-based services.

11.1 The software may contain functions that use artificial intelligence services, models or systems provided by external suppliers.

11.2 casaios currently does not develop its own general-purpose AI models. AI-assisted functions generally use external AI systems or AI service providers.

11.3 Where casaios uses external AI systems in its own operations or to provide the agreed services, casaios generally acts as a deployer or user of those systems.

11.4 Notwithstanding the description above, the specific regulatory role of casaios and the Customer is determined by mandatory law and the actual technical and contractual implementation of the relevant use case.

11.5 A different regulatory classification may arise, in particular, where:

11.6 The software may include AI-assisted functions for analysing, structuring, summarising, classifying or generating content, reports, recommendations and drafts.

11.7 AI-generated outputs may be:

11.8 AI-generated outputs do not constitute binding legal, tax, audit, financial, investment, medical or regulatory advice.

11.9 The Customer must ensure that AI-generated outputs are reviewed by a suitably qualified person before they are used, distributed, published or implemented.

11.10 The Customer may not base decisions with legal, financial, employment-related, regulatory, safety-related or similarly significant effects solely on unreviewed AI-generated outputs.

11.11 Within its area of responsibility, the Customer is responsible in particular for:

11.12 The Customer may not use AI-assisted functions:

11.13 Where the software interacts directly with natural persons through an AI system, the AI-assisted nature of the interaction will be disclosed where legally required and not already obvious.

11.14 Where the Customer publishes or provides AI-generated or manipulated content to third parties, the Customer is responsible for any legally required labelling or disclosure within its area of responsibility.

11.15 Unless expressly agreed in writing, the software is not intended for use as a high-risk AI system, safety component or safety-critical system.

11.16 The Customer may not use or substantially modify the software for a high-risk or safety-critical use case without first:

11.17 casaios may replace external AI suppliers, models or technical services where:

11.18 Unless expressly agreed otherwise, casaios does not guarantee the permanent availability of a specific external AI model or model version.

12.1 Analyses and reports are based on the data provided, selected settings, the relevant processing status and, where applicable, statistical or AI-assisted methods.

12.2 The quality of results depends, in particular, on the completeness, accuracy, structure and currency of the Customer Data.

12.3 The Customer is responsible for evaluating results in their applicable professional and organisational context.

12.4 casaios does not guarantee that analyses, assessments or recommendations:

12.5 Information concerning maturity, compliance, risk or governance is intended as decision support and does not replace an independent professional review.

13.1 The Customer may use the software only in accordance with applicable law, these Terms of Service and the agreed purpose.

13.2 The following activities are prohibited in particular:

13.3 Where there is a reasonable suspicion of a material violation, casaios may temporarily restrict the affected access to the extent necessary and proportionate to prevent a specific threat.

13.4 casaios will inform the Customer about a suspension and the reasons for it unless legal, regulatory or security-related reasons prevent such notice.

14.1 The Customer shall provide all information required for the performance of the services completely, accurately and in good time.

14.2 The Customer shall appoint suitable administrative and professional contacts.

14.3 The Customer shall appropriately review configurations, user permissions, imported data and generated results.

14.4 Delays or restrictions caused by missing or incorrect cooperation on the part of the Customer are not attributable to casaios.

15.1 The fees, billing period and booked services are determined by the applicable order or individual offer.

15.2 Unless expressly agreed otherwise, the agreed fees are invoiced annually in advance.

15.3 All prices are exclusive of applicable statutory VAT.

15.4 Unless the order provides otherwise, invoices are payable without deduction within 14 calendar days of the invoice date.

15.5 The statutory provisions apply in the event of late payment.

15.6 Where the Customer is in default with a material payment amount, casaios may temporarily suspend access after issuing a reminder and allowing a reasonable payment period.

15.7 Any suspension must be proportionate, taking into account the purpose of the contract, the severity of the default and the legitimate interests of the Customer.

15.8 The Customer’s payment obligations continue during a justified suspension.

15.9 The Customer may set off claims only where they are undisputed or have been finally adjudicated. The Customer may exercise a right of retention only on the basis of counterclaims arising from the same contractual relationship.

16.1 Unless the order provides otherwise, the initial contract term is twelve months.

16.2 The contract term begins on the commencement date specified in the order. If no date is specified, the term begins when the booked Customer account is made available.

16.3 At the end of the initial term, the contract automatically renews for additional periods of twelve months unless terminated by either party in due time.

16.4 The ordinary notice period is one month before the end of the then-current contract period.

16.5 Notice is effective only when received by the other party within the applicable notice period.

16.6 Ordinary termination must be declared at least in text form.

16.7 The right of either party to terminate for cause remains unaffected.

16.8 casaios may terminate for cause in particular where:

16.9 Where a breach can be remedied, termination for cause generally requires that a reasonable cure period has expired without remedy.

16.10 Fees paid in advance will not be refunded on a pro-rata basis where the Customer is responsible for the termination for cause. Mandatory statutory claims remain unaffected.

17.1 The Customer may export content and results designated as exportable within the software in the supported formats.

17.2 casaios supports, in particular, the following export formats:

17.3 The specific scope of an export depends on:

17.4 Any more extensive statutory export or switching rights remain unaffected.

17.5 The Customer is responsible for completing necessary exports in good time before the end of the contract.

17.6 Following termination, casaios will retain existing exportable Customer Data for a retrieval period of 30 calendar days, provided that:

17.7 During the retrieval period, the Customer may request its exportable Customer Data in the available PDF and CSV formats.

17.8 After the retrieval period, Customer Data will be deleted or anonymised in accordance with the Data Processing Agreement unless statutory retention obligations or other lawful reasons require continued storage.

17.9 The export does not include:

17.10 The excluded data categories may not be used to unreasonably prevent or delay any export or switching process required by law.

17.11 Where the switching provisions of the EU Data Act apply, casaios will support the Customer to the extent required by law with:

17.12 The Customer shall provide casaios with the information required for a switching process completely and in good time.

17.13 To the extent permitted by law, additional Customer-specific effort outside the standard PDF and CSV exports may be charged separately following prior agreement. Mandatory restrictions on switching charges remain unaffected.

18.1 casaios warrants that the software can be used during the contract term substantially in accordance with the agreed service description.

18.2 The Customer shall report identifiable defects without undue delay and describe them in a reasonably reproducible manner.

18.3 casaios shall first have the right to remedy the defect. At the discretion of casaios, remediation may be carried out by correcting the defect, providing a workaround or replacing the affected function, provided this is reasonable for the Customer.

18.4 In particular, no defect exists where an impairment is caused by:

18.5 A guarantee is assumed only where expressly designated as such and agreed in text form.

19.1 casaios shall be liable without limitation:

19.2 In the event of a slightly negligent breach of a material contractual obligation, casaios shall be liable only for the damage that was foreseeable and typical for the contract when it was concluded.

19.3 Material contractual obligations are obligations whose performance makes the proper execution of the contract possible and on whose fulfilment the Customer may regularly rely.

19.4 To the extent permitted by law, liability under Section 19.2 is limited in aggregate for each contract year to the net fees paid or payable by the Customer during the twelve months preceding the event giving rise to liability.

19.5 If the contract had existed for less than twelve months when the event giving rise to liability occurred, the net fees agreed for the first twelve contractual months shall apply.

19.6 In the event of data loss, casaios shall be liable under the above provisions only for the restoration effort that would also have arisen if the Customer had performed proper and regular backups and had used the available export functions in due time, where such backup or export fell within the Customer’s responsibility.

19.7 Liability for slight negligence is otherwise excluded.

19.8 The liability limitations also apply in favour of the legal representatives, employees, agents and subcontractors of casaios.

19.9 Strict liability by casaios for defects already existing at the time the contract was concluded pursuant to Section 536a(1), first alternative, of the German Civil Code is excluded to the extent permitted by law.

19.10 Claims based on expressly guaranteed characteristics, fraud, injury to life, body or health and other mandatory statutory liability remain unaffected.

20.1 If a third party claims that data or content supplied by the Customer infringes its rights, the Customer shall inform casaios without undue delay.

20.2 The Customer shall indemnify casaios against justified third-party claims arising from unlawful or contractually prohibited use by the Customer, provided the Customer is responsible for the infringement.

20.3 casaios will inform the Customer of such claims and, where appropriate, provide the Customer with an opportunity to participate in the defence.

21.1 The parties shall treat all confidential information made available in connection with the contract as confidential.

21.2 Confidential information may be used only for the performance of the contract and disclosed only to persons who require it for this purpose and who are appropriately bound by confidentiality obligations.

21.3 Information is not confidential where it:

21.4 Where legally permitted, required disclosures will be announced in advance.

22.1 casaios may use suitable subcontractors, hosting providers, infrastructure partners, analytics providers and external AI service providers to perform the contractual services.

22.2 Where a service provider processes personal data on behalf of the Customer, the Data Processing Agreement also applies.

22.3 casaios remains responsible to the Customer for the proper fulfilment of its own contractual obligations.

22.4 External services may be subject to technical, regulatory, licensing or geographical restrictions.

22.5 Material restrictions affecting the agreed scope of services will be identified in the service description, product documentation or order.

22.6 The permanent availability of a particular external provider, model or service is owed only where expressly agreed.

23.1 casaios may amend these Terms of Service for existing contracts where this is required due to:

23.2 Material amendments will be communicated to the Customer in text form at least six weeks before their intended effective date.

23.3 Where an amendment materially affects the principal service or the contractual balance, the Customer shall receive an appropriate special termination right.

23.4 Changes to prices and the booked scope of services are governed primarily by the order or a separate agreement.

24.1 Neither party shall be liable for delays or failures caused by events outside its reasonable control.

24.2 Such events may include natural events, war, regulatory measures, widespread telecommunications or energy failures, industrial action, large-scale cyberattacks or failures of critical external infrastructure.

24.3 The affected party shall inform the other party without undue delay and use reasonable efforts to limit the effects.

casaios may use the Customer’s name, logo or other marks as a reference only with the Customer’s prior consent.

26.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

26.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is Munich, provided both parties are merchants, legal entities under public law or special funds under public law, or a jurisdiction agreement is otherwise legally permissible.

27.1 Amendments and supplements to individual agreements must be made at least in text form unless mandatory law requires a stricter form.

27.2 The Customer may transfer the contract to a third party only with the prior consent of casaios. Mandatory statutory switching or transfer rights remain unaffected.

27.3 If any provision of these Terms of Service is or becomes wholly or partially invalid, the remaining provisions remain unaffected. The statutory provisions shall apply in place of the invalid provision.

27.4 The contractual language is German. An English translation may be provided for convenience. In the event of inconsistencies, the German version shall prevail.

Questions concerning these Terms of Service may be directed to:

casaios UG (haftungsbeschränkt) Tal 44 80331 Munich Germany

Email: info@casaios.de
Contact form: https://order.casaios.de/contact

29.1 The standard services and these Terms of Service do not contain terms specifically tailored to regulated credit institutions, insurance undertakings, payment service providers, investment firms or other entities subject to the Digital Operational Resilience Act or comparable sector-specific legislation.

29.2 In particular, unless separately agreed, the contract does not include specific regulatory:

29.3 Use by a regulated financial entity or for a critical or important function requires a prior separate assessment and written agreement.

29.4 casaios is not obliged to support such a regulated use case or assume additional regulatory obligations.