Terms of service

The contract about your account is formed when you create the account and accept these Terms in doing so. You can review and correct your entries before sending them. We do not store the contract text separately, but you can read these Terms here at any time. The contract languages are German and English. The account is free of charge. An organization orders products and seats by accepting our offer. Price, term, payment, termination, number of seats, renewal and, for a dedicated instance, its availability and support are stated in the order, and on those points the order prevails over these Terms. Prices exclude VAT. We sell products to organizations, not to consumers.

Use the Service lawfully and under these Terms, without infringing the rights of others or submitting unlawful content. Bring in other people's data only where you are allowed to. Do not disrupt or overload the Service, circumvent its security or access controls, access what is not yours, or introduce malicious software. Do not read the Service out automatically, for example by scraping, except through the export features and the agent access we provide. With an agent credential you create, an agent can act as you through our API or a connected app. You answer for what an agent does with your credential as if you had done it yourself, and these Terms apply to its use. An organization's administrators may decide not to allow agent credentials for the organization. Reselling the Service or offering it to third parties needs our prior written consent.

You can create an account if you are at least 16 years old. Give accurate information. Keep the sign-in codes we send you to yourself and do not share your account. You answer for use of your account that you permit or negligently make possible. If you learn of unauthorized use, tell us at once. How we handle personal data is described in the privacy notice.

What you bring into an organization, team, strategy or simulation is seen by its other members. It stays there when you leave, and you then lose access to it. An organization's owners and administrators manage its members and access and answer for how it uses the Service, and we may follow their instructions on content and membership. For its members' data in the Service the organization is the controller under the GDPR, as the data processing agreement sets out.

The Service belongs to techtropy or its licensors, its software, content, scenarios and the computed results of the simulations included. You may use it as intended for as long as you have access. This right is non-exclusive and non-transferable. Without our prior consent you may not copy, distribute or modify the Service or use our trademarks or logos. Reports and data exports are for use within your organization. Text a model drafts for you is yours to use within these Terms. We claim no rights in it and do not warrant that it is correct or unique.

Content you submit stays yours. You allow us to store, reproduce, adapt and display it as far as we need to operate and secure the Service. That includes showing it to the people you share it with and having a model process it when you call an AI feature. This right is non-exclusive and worldwide, and it ends when the content is deleted from the Service. We do not train AI models with your content. You are responsible for your content and confirm that you hold the necessary rights to it and that it violates no law and no third-party right. We may remove or block content that violates these Terms or the law.

Where we process personal data on behalf of an organization, the data processing agreement applies and forms part of these Terms. Whoever accepts these Terms for an organization accepts it for the organization.

This section applies to organizations that use the Service as business customers. Which section applies to an organization is stated in its order or, without an order, by the segment shown in its settings. An organization that uses the Service in teaching tells us, and the section for educational institutions applies to it.

A simulation serves the organization's own strategy work. The Service computes simulated outcomes by fixed rules from the assumptions of a scenario and the decisions the organization enters. We owe that computation, not a match with real developments. The figures the organization enters about its company and market are its assumptions, and it answers for their accuracy and its right to use them. The organization takes its decisions itself, and a decision taken on a simulated outcome is its own act. A simulation evaluates no person.

This section applies to organizations that use the Service in teaching. Which section applies to an organization is stated in its order or, without an order, by the segment shown in its settings.

The simulations are educational tools, and their results are no basis for real business decisions. Do not influence a simulation through technical means outside of regular play. We may adjust, reset or archive a simulation and its parameters to keep a cohort's play balanced and orderly.

Some features use a model. The AI transparency notice says which. Its output is a draft for a person to check, not a decision and not advice. Do not use it to judge, rank or decide anything about a person, or as an assessment in education or vocational training. Do not use the Service, the strategy fox included, to recruit, select, assess or monitor employees or job candidates, or to decide on their employment, tasks, promotion or dismissal. An instructor or facilitator must not use a model's comments in a simulation to assess players or participants.

We promise no particular availability unless an order provides for one. Statutory warranty law applies to defects. Toward businesses, we are not liable without fault for defects that already existed when the contract was concluded (Section 536a (1) BGB). The computer companies, brands and people in a scenario are fictional. The market figures of a scenario we provide are invented or built from published statistics. A simulation is no statement about a real company, and the Service provides no financial, investment, legal, tax or other professional advice. Simulated outcomes, standings and values and a model's output are no promise of a real result, give no claim to one and have no monetary value. A difference between a simulated outcome and a real development is no defect of the Service. We do not vouch for other users' content.

We may add, change or remove features, introduce usage limits, and interrupt the Service temporarily, for example for maintenance. We announce a change that strongly restricts features you use, where possible in advance. We need not keep content indefinitely and may delete it after a reasonable period once a feature or your access ends.

You may end free use at any time by deleting your account in the account settings. We may terminate free use with 30 days' notice. For good cause, such as a serious or repeated violation of these Terms, a legal duty or a risk to the security of the Service, we may suspend or terminate access at once. An organization can request its data until 30 days after the end, and then we delete it as the data processing agreement provides. Provisions meant to outlast the end, such as those on intellectual property, liability and governing law, continue to apply.

We are liable without limit for intent and gross negligence, for injury to life, body or health, for guarantees we have given, and under mandatory laws such as product liability law. For slight negligence we are liable only if we breach an essential contractual obligation. An obligation is essential if the contract cannot be performed without it and you may regularly rely on its fulfillment. In that case we are liable only for the damage that is foreseeable and typical for services of this kind. We are not liable beyond that. These limits also apply to our employees and agents.

The law of the Federal Republic of Germany applies. If you are a consumer, you keep the protection of the mandatory rules of the country where you usually live. If you are a merchant, a legal entity under public law or a special fund under public law, our seat in Germany is the exclusive place of jurisdiction for all disputes under these Terms.

These Terms apply in German, and the English version is a non-binding translation. Where the two differ, the German version applies.

If a provision of these Terms is or becomes invalid, the others remain valid and the statutory rules take its place.

We may change these Terms when laws or case law change, when the security of the Service requires it, or when we introduce or change features. In doing so we do not shift the balance of performance and price to your disadvantage. We offer a change to you at least 30 days before it takes effect, in the Service or by email. If you do not object by then, the change counts as accepted. We point this out specifically in the offer. If you object, either side may terminate the contract as of the date the change takes effect. All other changes need your express consent.

If you have any questions about these Terms, contact us at: legal@techtropy.com.