Terms of Service for the Web Application "FaunaScan"

Effective Date: November 25, 2025

These Terms of Service ("Terms") govern the legal relationship between the operator of the web application "FaunaScan" ("Provider") and the user of FaunaScan's services ("User"). By registering with FaunaScan or using the offered services, the User explicitly acknowledges and accepts these Terms. If the User does not agree to these Terms, they must not use FaunaScan.

1. Scope of Offer and Service Description

1.1 The FaunaScan web application provides AI-powered animal identification services through a subscription, including the following core functions:

• AI-powered animal identification and provision of associated encyclopedia information;

• Consulting services related to animal care and management;

• AI-based voice interaction function with animals.

1.2 The Provider endeavors to ensure that the services are available 24/7. Exceptions may include outages or restrictions, particularly during maintenance work, technical failures, or external influences. The Provider shall not be liable for outages or damages caused by such reasons, unless the Provider acts with gross negligence or intent.

1.3 The accuracy of AI-powered animal identification and the provided information depends on the quality of input data (e.g., images, audio recordings) and the current state of AI development. The Provider does not guarantee the absolute accuracy or completeness of the provided content.

2. Registration and User Account

2.1 To use FaunaScan's subscription-specific services, registration of a user account is required. The User undertakes to provide truthful, complete, and up-to-date information during registration.

2.2 The User is solely responsible for the security of their account, particularly for keeping their password confidential. Any use of the account using the associated access credentials shall be deemed use by the registered User, unless the User reports the misuse immediately.

2.3 The User must immediately notify the Provider of any changes to their registration data (e.g., email address, contact information). This can be done via email to [email protected].

2.4 The Provider reserves the right to suspend or delete a user account if the User violates these Terms, provides false information, or uses the account in violation of applicable law.

3. Subscription and Payment Terms

3.1 The use of FaunaScan's premium services is based on a paid subscription. The respective subscription plans, their duration, and price are detailed when the subscription is purchased.

3.2 The User agrees to the automatic renewal of their subscription unless they cancel the subscription at least 7 days before the end of the current term. Cancellation can be made via the user account or by email to [email protected].

3.3 Subscription fees are due at the start of each subscription period and will be automatically deducted from the payment method provided by the User. The User ensures that the payment method is valid and has sufficient funds at the time of deduction.

3.4 In the event of late payment, the Provider reserves the right to charge a reminder fee and temporarily suspend the services until the outstanding obligations are settled.

4. User Obligations

4.1 The User undertakes to use FaunaScan and the associated services only in compliance with these Terms and applicable law.

4.2 The User must not engage in the following actions:

• Using the services for illegal purposes, particularly to infringe the rights of third parties (e.g., copyrights, personality rights);

• Inserting or distributing viruses, malware, or other harmful programs;

• Manipulating or attacking FaunaScan's functionality or the Provider's infrastructure;

• Transmitting inappropriate, obscene, racist, xenophobic, or otherwise legally contestable content;

• Sharing access credentials with third parties or allowing third parties to use the services on the User's behalf, unless explicitly permitted by the subscription terms.

4.3 The User shall be liable for all damages incurred by the Provider or third parties due to the User's violation of the aforementioned obligations.

5. Data Protection and Privacy

5.1 The Provider collects, processes, and stores User data solely in compliance with the General Data Protection Regulation (GDPR) and other national data protection laws.

5.2 The collection of User data primarily serves to provide and improve the services, process the subscription, and communicate with the User. The Provider will only share User data with third parties if required to fulfill contractual obligations, mandated by law, or with the User's consent.

5.3 The User has the right to request information about their stored data, as well as the right to correction, deletion, or restriction of processing. These rights can be exercised via email to [email protected].

6. Copyrights and Intellectual Property

6.1 All content of FaunaScan, including but not limited to software, texts, images, logos, databases, and AI-powered functions, is subject to copyright and other intellectual property rights of the Provider or the respective right holders.

6.2 The use of FaunaScan does not transfer any ownership rights to the content or services to the User; instead, the User is granted a non-transferable, time-limited, and geographically limited license to use the services within the scope of the subscription.

6.3 Without the Provider's prior written approval, the User must not copy, distribute, modify, make publicly available, or otherwise use FaunaScan's content.

7. Limitation of Liability

7.1 The Provider shall be fully liable for intent and gross negligence. For ordinary negligence, the Provider shall only be liable if it violates rights to life, body, or health, or if it breaches essential contractual obligations ("cardinal obligations") whose breach endangers the performance of the contract and on which the User was entitled to rely. In such cases, liability is limited to foreseeable, typical damages.

7.2 The Provider shall not be liable for indirect damages, such as lost profits, business interruptions, or data loss, unless such damages are caused by the Provider's intent or gross negligence.

7.3 The Provider's liability for products with guaranteed characteristics or for damages resulting from breaches of consumer protection obligations shall be governed by applicable law.

8. Cancellation and Termination

8.1 The User may cancel their subscription at any time with a notice period of 7 days before the end of the current subscription term. Cancellation shall take effect at the end of the current term.

8.2 The Provider may terminate the contract with the User immediately if:

• the User fails to comply with these Terms despite explicit written notice;

• the User delays payment for more than 30 days, despite a reminder;

• the User misuses their account or uses the services for illegal purposes;

• the Provider is forced to discontinue FaunaScan due to economic reasons.

8.3 Upon termination of the subscription, the User shall lose access to the premium services. User data will be stored or deleted in compliance with data protection laws.

9. Amendments to the Terms of Service

9.1 The Provider reserves the right to amend these Terms if necessary to adapt to changed legal requirements, technical developments, or modifications to the service offering.

9.2 The User will be notified of any amendments to the Terms at least 30 days in advance via email (to the address provided during registration) or through a notification in the web application. If the User does not agree to the amended Terms, they may cancel the subscription free of charge within the 30-day period. Continued use of the services after the expiration of this period shall constitute acceptance of the amended Terms.

10. General Provisions

10.1 The laws of the Federal Republic of Germany shall apply, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.2 All disputes arising from or in connection with this contract shall first be resolved amicably between the parties. If no amicable settlement can be reached, the disputes shall be subject to the exclusive jurisdiction of the court at the Provider's place of business, unless mandatory statutory jurisdiction applies to the User.

10.3 If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

10.4 For inquiries, complaints, or concerns regarding FaunaScan or these Terms, the User may contact the Provider at any time via email to [email protected].

Provider: FaunaScan

Contact: [email protected]