Test Terms

Test Terms for the Proof-of-Value Phase (PoV)

BlackSwanAI UG (haftungsbeschränkt) · Version: 28 May 2026

§ 1 Scope and Subject Matter

(1) These Test Terms govern the temporary, free-of-charge trial of the Software-as-a-Service applications auftragr and kalkulr (each the “Service”) during a Proof-of-Value phase (“PoV”) between BlackSwanAI UG (haftungsbeschränkt), Einkornweg 4, 91056 Erlangen, registered in the commercial register of the Local Court (Amtsgericht) of Fürth under HRB 22678 (the “Provider”), and the registered user (the “User”).

(2) These Test Terms apply exclusively to the PoV phase. As soon as the parties conclude a paid contract or separate terms of use for the respective Service, these Test Terms cease to apply.

(3) These Test Terms are directed exclusively at entrepreneurs within the meaning of § 14 German Civil Code (BGB). Consumers are excluded from using the Service during the PoV phase.

§ 2 Registration and Access

(1) The User registers on the platform with a user ID, password, email address, company name, company website, and details of typical project and tender types. The User may optionally provide their own data for validation purposes, to the extent permitted by § 3.

(2) By registering, the User confirms that they are an entrepreneur within the meaning of § 14 BGB and act on behalf of a business.

(3) The User is obliged to keep their access credentials confidential and not to pass them on to third parties. Each access account is intended for use by one natural person. The User is fully responsible for all actions taken under their access account. The Provider is entitled to treat any action taken under the access account as an action of the User.

§ 3 Permitted Use and Data Types During the PoV Phase

(1) The PoV phase serves exclusively the functional evaluation of the Service by the User. It does not replace productive use and is not intended for productive tender, bid, or business decisions.

(2) The User undertakes, during the PoV phase, exclusively:

• to use only publicly accessible or fictitious test data;
• not to enter or upload any personal data within the meaning of Art. 4 No. 1 GDPR;
• not to enter or upload any confidential company information, customer data, trade secrets, or internal bid or calculation documents;
• not to make or arrange any settings that could enable the monitoring or evaluation of individual employees.

(3) The User is solely responsible for ensuring that the data they enter or upload complies with the requirements of paragraph 2. If the User breaches these requirements, the User bears sole responsibility for any resulting consequences and shall indemnify the Provider against third-party claims arising from such a breach.

(4) Note on the scope of the Services:

• During the PoV phase, auftragr accesses exclusively publicly available tender platforms and tender data. No upload of internal documents by the User takes place.
• During the PoV phase, kalkulr is limited to public tender data and to fictitious or synthetic test calculations provided by the User. Real internal calculation or bid documents are expressly not permitted.

§ 4 Functional Scope, No Monitoring

During the PoV phase, the Provider does not activate any functions that would enable the monitoring, analysis, or evaluation of individual users or employees.

§ 5 Nature of Results, No Assurance of Availability

(1) The results, recommendations, assessments, and indications generated by the Service are AI-supported, non-binding aids. They do not replace the User’s own professional, legal, or commercial review.

(2) The Provider gives no warranty as to the accuracy, completeness, currency, or fitness for a particular purpose of the results.

(3) The Service is provided during the PoV phase “as is” and without any assurance of a particular availability, response time, or service quality. The Provider may change, restrict, or temporarily suspend the Service at any time.

§ 6 Use of Subprocessors and AI Services

(1) The Provider uses the following subprocessors to provide the Service:

• Hosting: Open Telekom Cloud (Germany, EU)
• OCR processing: Mistral AI (France, EU)
• Language models: Anthropic PBC (USA)
• Embeddings: Amazon Web Services / Amazon Bedrock (USA)
• Email delivery: One.com (Denmark, EU)

(2) For transfers to third countries (Anthropic, Amazon Bedrock), the Provider applies the mechanisms under Art. 46 GDPR, in particular the EU Standard Contractual Clauses. The Provider has contractual arrangements with the named AI providers under which the User’s input data is not used to train the respective models.

(3) The Provider reserves the right to use additional or different subprocessors. The User will be informed of material changes in an appropriate manner.

§ 7 Data Protection

The handling of personal data is governed by the Provider’s Privacy Policy, available at https://blackswanai.de/de/datenschutz. Since the User is obliged under § 3 para. 2 not to process any third-party personal data within the Service, there is no processing on behalf of the User within the meaning of Art. 28 GDPR in this respect. Should processing of personal data on behalf of the User become necessary during the PoV phase, a separate data processing agreement must be concluded before any such data is processed.

§ 8 Rights to the Service and to the Output

(1) All rights to the Service, in particular copyright, trademark, and other intellectual property rights, remain with the Provider or its licensors. For the duration of the PoV phase, the User receives only a non-exclusive, non-transferable, revocable right of use for the purpose of evaluation.

(2) The User’s inputs remain the property of the User.

(3) The results generated by the Service may be used by the User exclusively for internal functional evaluation during the PoV phase.

§ 9 Confidentiality

Both parties undertake to treat as confidential all non-public information that comes to their knowledge during the PoV phase and not to pass it on to third parties. Excepted is information that is demonstrably generally known, was already known to the recipient, was developed independently, or must be disclosed due to a legal obligation. This obligation applies for the duration of the PoV phase and for three years beyond its end.

§ 10 Term, Termination, Suspension

(1) The PoV phase begins upon activation of access and ends at the time agreed between the parties in text form; an email is sufficient. If no end date is agreed, the PoV phase ends automatically four (4) weeks after activation.

(2) Both parties may end access at any time without giving reasons, with immediate effect.

(3) The Provider is entitled to suspend the User’s access without prior notice if the User breaches material obligations under these Test Terms, in particular § 3.

(4) After the end of the PoV phase, the User’s inputs will be deleted within a reasonable period, unless statutory retention obligations apply.

§ 11 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health based on a negligent or intentional breach of duty by the Provider, as well as for other damages based on an intentional or grossly negligent breach of duty by the Provider.

(2) In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the PoV phase and on whose observance the User regularly relies and may rely), the Provider’s liability is limited to the foreseeable damage typical for this type of contract.

(3) Since use of the Service during the PoV phase is free of charge, any further liability of the Provider, in particular for indirect damages, lost profit, or consequential damages, is excluded to the extent permitted by law.

(4) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 12 Changes to the Test Terms

The Provider may amend these Test Terms during an ongoing PoV phase for valid reasons. The Provider will notify the User of material changes in text form. If the User does not agree to the change, either party may end the PoV phase in accordance with § 10.

§ 13 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Test Terms is Erlangen, provided that the User is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Test Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the valid provision that most closely reflects the economic purpose of the invalid provision.