Terms of Use (Beta)
This is a translation for convenience. The German version (Nutzungsbedingungen) is legally binding. The HR Architecture Studio tools are in a beta phase; use is at your own risk.
§ 1 Scope and contracting parties
(1) These terms apply to the use of the software-as-a-service tools provided by Michael Neufend, trading under the brand HR Architecture Studio, Becherhofer Weg 24, 53894 Mechernich, Germany (“Provider”):
- Process Architecture Studio (PAS) – pas.hrarchitecturestudio.com
- Job Architecture Studio (JAS) – jas.hrarchitecturestudio.com
- Data Architecture Studio (DAS) – sfwb.hrarchitecturestudio.com
- Workforce Reporting Studio (WRS) – hrm.hrarchitecturestudio.com
together the “Tools”.
(2) The contracting party is the natural or legal person granted access to the Tools (“User”). The Tools are aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB).
(3) Deviating or supplementary terms of the User do not become part of the contract unless the Provider expressly agrees to them in text form.
§ 2 Beta status
(1) The Tools are provided as a beta version. In particular:
- features, availability and user interface may change at any time;
- no availability is guaranteed (no SLA);
- no guarantee is given for the persistence or recoverability of data;
- features may be changed, disabled or removed without notice;
- maintenance windows are possible at any time.
(2) The User keeps backup copies of business-critical data outside the Tools. The Provider is not obliged to back up or restore data for the User.
(3) The Provider may end the beta phase at any time. Thereafter either regular terms apply (subject to the User's consent) or access ends.
§ 3 Conclusion of contract and access
(1) The contract is concluded by registration or invitation and activation by the Provider. There is no entitlement to access.
(2) The User provides truthful information and reports changes without delay.
(3) Access credentials must be kept confidential and must not be passed on. The Provider must be informed immediately of any suspected misuse.
§ 4 Rights of use
(1) For the term of the contract the Provider grants the User a non-exclusive, non-transferable and non-sublicensable right to use the Tools to the agreed extent.
(2) Editing, reproduction beyond intended use, decompilation or reverse engineering are prohibited unless mandatorily permitted by law (Section 69e of the German Copyright Act remains unaffected).
(3) All rights to content entered or uploaded by the User (“User Content”) remain with the User. The User grants the Provider the right of use required to perform the contract (processing, storage, display, transfer to commissioned AI providers to deliver the features).
§ 5 User obligations
(1) The User will not misuse the Tools and in particular will not:
- post unlawful content or content infringing third-party rights;
- post content for which they do not hold sufficient rights;
- introduce malware or harmful scripts;
- load the Tools with automated means (bots, scrapers) without permission;
- post special categories of personal data (Art. 9 GDPR) without a legal basis;
- circumvent security or authentication mechanisms.
(2) The User is responsible for the lawfulness of User Content. Where the User enters personal data of third parties, the User is the controller for that data.
(3) Where processing on behalf pursuant to Art. 28 GDPR is required, the parties conclude a separate data processing agreement; the Provider supplies a template on request.
§ 6 Availability
No availability is guaranteed during the beta phase. The Provider endeavours to operate the Tools with as few interruptions as possible and may carry out maintenance and updates at any time.
§ 7 Fees
(1) During the beta phase use is generally free of charge unless agreed otherwise in individual cases.
(2) The Provider may introduce a paid model after the beta phase; there is no obligation to continue using the Tools for a fee.
§ 8 Liability
(1) The Provider is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health.
(2) In the case of simple negligence the Provider is only liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract at the time of conclusion.
(3) Any further liability, in particular for lost profit, indirect damage, loss of data or consequential damage from outages of the Tools, is excluded during the beta phase.
(4) Liability under the German Product Liability Act remains unaffected.
§ 9 AI features
(1) The Tools use AI features (including large language models). AI-generated content may be incorrect, incomplete or misleading and is marked as a suggestion.
(2) The User reviews AI results for accuracy, completeness and suitability before any business use. The Provider gives no warranty for the quality of AI-generated results.
(3) Details on processing by AI providers can be found in the Privacy Policy.
§ 10 Term and termination
(1) The contract runs for an indefinite period and may be terminated by either party at any time without notice.
(2) The Provider may block or end access in particular in case of breaches of § 5, justified suspicion of misuse or at the end of the beta phase.
(3) After the end of the contract User Content is deleted after a reasonable period. On request the Provider makes it available beforehand in a common format, insofar as technically reasonable.
§ 11 Changes
The Provider may change these terms with effect for the future. Changes are announced by email or in the Tool and are deemed accepted if the User does not object within 30 days; the announcement points out this consequence. In case of objection the Provider may end the contract pursuant to § 10.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider's registered office (53894 Mechernich, Germany).
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
(4) Amendments and supplements require text form.