Section 1 Scope and definitions
(1) These General Terms and Conditions (Terms) apply to the use of the “Kepos” service between you (hereinafter “User”) and Tiamat UG (haftungsbeschränkt), An der Strusbek 12, 22926 Ahrensburg, Germany (hereinafter “Provider” — for full details, see the Imprint).
(2) A “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (Section 13 of the German Civil Code, BGB). A “business” is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession (Section 14 BGB). Individual provisions of these Terms expressly distinguish between consumers and businesses.
(3) By creating an account, you accept these Terms and the Privacy Policy. Any deviating terms of the User shall not become part of the contract unless the Provider expressly agrees to their application.
Section 2 Subject matter of the contract and description of services
(1) Kepos is an encrypted knowledge system (Software as a Service) provided through the browser and compatible interfaces. Depending on the plan booked, its features include, among other things, note and knowledge management, AI-assisted processing, speech transcription, a web clipper, and team and multi-tenant features.
(2) The Provider makes the service available as an online service for the term of the contract. This is not a purchase contract; the software is not acquired permanently.
(3) The Provider continuously develops the service and may change, add or discontinue individual features as long as the contractually owed core benefit is maintained.
Section 3 Conclusion of the contract and trial period
(1) Registration may start a free 14-day trial period, whose range of features may be limited. No costs are incurred during the trial period.
(2) A paid subscription is concluded when you select a paid plan and complete the ordering process using the button labelled “order with obligation to pay” or equivalent. The Provider confirms the conclusion of the contract by email.
(3) The trial period does not automatically convert into a paid subscription unless you first place an order with an obligation to pay within the meaning of paragraph 2.
Section 4 Prices and payment
(1) The prices displayed on the Pricing page at the time of the order apply. Billing is per active User (seat), in advance, for the selected billing cycle (monthly or annually).
(2) Payments are processed by the payment service provider Stripe. Applicable value-added tax is calculated in accordance with statutory requirements and shown during the ordering process.
(3) If the number of active Users increases during the term, the additional fee will be charged pro rata. If the number decreases, the change takes effect at the beginning of the next billing period.
(4) If the User defaults on payment, the Provider is entitled to temporarily suspend access after reasonable notice. Statutory provisions on default remain unaffected.
Section 5 Consumer right of withdrawal
Consumers have a statutory right of withdrawal for paid subscriptions. This Section 5 does not apply to businesses.
Instructions on withdrawal
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which the contract is concluded (completion of the paid order).
To exercise your right of withdrawal, you must inform us (Tiamat UG (haftungsbeschränkt), An der Strusbek 12, 22926 Ahrensburg, email: mail@tiamat-labs.com) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an email). You may use the model withdrawal form below, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
Early expiry of the right of withdrawal. If you requested that performance of the service begin during the withdrawal period and expressly confirmed this and acknowledged that you lose your right of withdrawal once we have fully performed the contract, the right of withdrawal expires upon full performance of the service (Section 356(4) BGB).
Model withdrawal form
(If you wish to withdraw from the contract, complete and return this form.)
- To: Tiamat UG (haftungsbeschränkt), An der Strusbek 12, 22926 Ahrensburg, email: mail@tiamat-labs.com
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Kepos subscription
- Ordered on (*) / received on (*): __________
- Name of consumer(s): __________
- Address of consumer(s): __________
- Date: __________
(*) Delete as appropriate.
Section 6 Term and termination
(1) The subscription runs for the selected billing cycle and renews for the same period unless terminated in due time.
(2) The User may terminate the subscription at any time with effect from the end of the current billing period. Consumers can terminate via an easily accessible button in the product (Section 312k BGB). Both parties’ right to terminate for cause remains unaffected.
(3) Once termination takes effect, access to paid features ends at the end of the paid period. Section 8 applies to the transfer of data.
Section 7 User obligations
- not to upload or distribute unlawful content;
- not to circumvent security mechanisms, place an excessive load on the service, or carry out automated bulk access outside the designated interfaces;
- to keep login details, the password and the recovery phrase secret and protect them against access by third parties;
- to ensure independently that content containing third parties’ personal data may lawfully be processed under data protection law.
Encryption notice: If both the password and recovery phrase are lost at the same time, your encrypted content cannot technically be recovered. You are responsible for keeping these secrets secure.
Section 8 Availability, backups and export
(1) The Provider endeavours to ensure high availability of the service but does not owe uninterrupted availability. Maintenance, force majeure and disruptions outside the Provider’s control may result in temporary restrictions.
(2) Before risk-bearing maintenance, the Provider may create a temporary manual backup pair of the database and file data. It does not replace the User’s own export or backup.
(3) The User may export their content at any time as a password-protected ZIP archive (Markdown files). After termination or authorization for deletion, the content remains available for export for a 30-day transition period; it is then permanently deleted. A temporary maintenance copy containing the data is deleted after the next successful maintenance operation or when it is no longer required. Data subject to statutory retention obligations is excluded from deletion.
Section 9 Rights of use
(1) For the term of the contract, the Provider grants the User a non-exclusive, non-transferable right to use the service in accordance with the contract.
(2) All rights to content added by the User remain with the User. The Provider processes this content exclusively to provide the service (see the Privacy Policy).
Section 10 Warranty
Statutory warranty rights apply. Sections 327 et seq. BGB apply to the paid provision of digital services to consumers, in particular the provisions on updates and liability for defects.
Section 11 Liability
(1) The Provider has unlimited liability for intent and gross negligence, for injury to life, limb or health, under any guarantee assumed, and under the German Product Liability Act.
(2) In cases of ordinary negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the User may regularly rely. In such cases, liability is limited to the foreseeable loss or damage typical of the contract.
(3) In all other respects, liability is excluded. Within the scope of paragraphs 1 and 2, the Provider is liable for loss of data only up to the amount that would typically have been incurred to restore the data had the User made proper and regular backups.
(4) In relation to businesses, liability for ordinary negligence — except in the cases specified in paragraph 1 — is limited to the foreseeable loss or damage typical of the contract even where cardinal obligations are breached; liability to businesses for indirect loss or damage and loss of profit is excluded in cases of ordinary negligence.
Section 12 Amendments to these Terms
(1) The Provider may amend these Terms with effect for the future if this is necessary to adapt to changes in law, decisions by the highest courts or changes to the scope of services and does not unreasonably disadvantage the User.
(2) The User will be notified of amendments in text form (for example, by email) at least six weeks before they take effect. If the User does not object before the effective date, this is deemed consent only in the case of non-material amendments; the notice will draw specific attention to this consequence. For material amendments, the Provider obtains the User’s express consent; if the User does not consent, either party may terminate the contract as of the amendment’s effective date.
Section 13 Final provisions
(1) The laws of the Federal Republic of Germany apply. If the User is a consumer habitually resident in another state of the European Economic Area, the mandatory consumer protection provisions of the state of residence remain unaffected.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the Provider’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. Statutory places of jurisdiction apply to consumers.
(3) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board for the settlement of disputes arising from this contract (Section 36 VSBG).
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. In relation to consumers, statutory provisions apply in place of invalid clauses.