1. Scope and contracting party
These Terms apply to contracts between Pharen IT GmbH, Hauptstraße 40
04683 Naunhof OT Fuchshain
Germany (“Pharen”), and its customers for Pharen Hub, cloud plans, self-hosted licences, consulting, development, automation and operational services.
Our paid offering is intended exclusively for entrepreneurs within the meaning of Section 14 BGB, public-law entities and special funds under public law. Conflicting or differing customer terms apply only where we have expressly accepted them in text form.
Individual offers, service descriptions, data processing agreements and service-level agreements prevail over these Terms in the event of a conflict.
2. Contract formation and ordering
Website and Hub presentations are not binding offers. In an online order, the customer submits a binding offer through the correspondingly labelled checkout action. The contract is formed through our order confirmation, product provision or express acceptance.
Before submitting an order, the scope, term, renewal, price, taxes and payment interval are displayed. Input errors can be corrected until the binding order. Contract information and confirmation are provided electronically.
Individual projects are formed by signature, acceptance of an offer in text form or mutually agreed commencement of the work.
3. Pharen Hub and cloud plans
Pharen provides access to the agreed Hub plan during the contract term. Features and usage limits are those displayed for the plan at order, including storage, workflows, compute time, users and available modules.
The software is developed continuously. We may change features where the agreed main purpose remains available, the change is required for security, legal or technical reasons, or does not unreasonably disadvantage the customer. We will provide reasonable notice of material adverse changes.
There is no entitlement to specific beta, preview or experimental features. They may be changed or discontinued.
4. Accounts, workspaces and administration
The customer provides accurate and complete information, keeps it current and protects sign-in and recovery credentials. Accounts are personal and must not be shared unless a product feature expressly provides otherwise.
Workspace administrators manage members, roles, integrations and content on the customer's behalf. The customer is responsible for their selection, permissions and lawful use. Suspected unauthorised access or lost credentials must be reported to us without delay.
5. AI features and integrations
AI features may use Pharen models, third-party models or customer-configured models. The available provider, model, price and technical limits are shown with the relevant selection. The customer issues the required instruction when running an AI feature.
AI output may be inaccurate, incomplete, biased or legally unusable. The customer must review output before production use. In particular, no unreviewed automated decision may be made in legal, medical, financial, employment or safety-critical processes.
For an external integration, the customer authorises data exchange with the selected provider and is responsible for its account, required rights, permission scopes and provider terms. Pharen does not warrant the continued availability or unchanged interface of a third-party service.
6. Customer data and acceptable use
The customer retains its rights in content it uploads. To the extent that separate rights arise in generated output and Pharen is able to grant them, the customer may use that output for its contractual business purposes; third-party rights and the selected model provider's terms remain unaffected. The customer grants Pharen the rights technically required during the contract term to store, transmit, display, back up and process content on its instructions.
The customer ensures it has the necessary rights and legal bases for customer data, prompts, files, recipients and integrations. Prohibited uses include unlawful content, infringement of third-party rights, malware, circumvention of protection or usage limits, unauthorised security testing and use that endangers systems or other users.
Where there is a specific and substantiated suspicion of a serious breach, we may temporarily restrict the affected access. We will consider severity, urgency and the customer's legitimate interests and provide notice where legally and operationally possible.
7. Self-hosted licences and open-source components
For a self-hosted offering, the customer receives a non-exclusive, non-transferable right to run the licensed software for its own business purposes for the term and user count selected at checkout. Licence key, term, user limit and renewal terms are set out in the order and licence information.
The customer is responsible for its infrastructure, installation, backups, access controls, updates and secure operation unless managed services are expressly agreed. Setup, migration, maintenance or support is included only if named in the selected package or offer.
Rights in open-source and fair-code components are governed primarily by their accompanying licence texts. These Terms do not restrict rights granted under those licences.
8. Projects and consulting
Scope, deliverables, dates, acceptance and fees for individual services are defined in the offer. Where a specific result is owed, the customer identifies material defects visible on acceptance. Acceptance may not be refused for immaterial defects.
Change requests are assessed separately. Effects on effort, fees and schedule are agreed before implementation. Without separate agreement, we do not owe work outside the documented scope.
9. Customer cooperation
The customer provides required information, test data, decisions, access and qualified contacts in due time. It reviews work results and reports identifiable errors or security risks.
Delays and additional effort caused by missing or late cooperation extend agreed dates reasonably and may be charged after prior notice.
10. Prices, usage-based charges and payment
Prices displayed at checkout or in the offer apply. Prices for business customers are exclusive of statutory VAT unless expressly shown as gross prices.
Usage-based AI, media and infrastructure charges are calculated using documented actual usage and the surcharge shown at selection or order. The customer can influence these charges through model choice, usage and limits.
Payment interval, due date and accepted payment methods are displayed before contract formation or agreed in the offer. Statutory default rules apply. Suspension for non-payment occurs only after reasonable notice unless immediate restriction is required to prevent harm.
11. Term, renewal and termination
The term, billing period and any automatic renewal are specified in the plan information shown at order. Unless stated otherwise there, open-ended cloud subscriptions may be terminated through billing settings at the end of the current billing period.
Fixed-term self-hosted licences end at the end of the selected term unless a renewal is agreed or ordered. Each party's right to terminate for cause remains unaffected.
Product access ends after termination. The customer is responsible for exporting required data before the displayed deletion date. Statutory record retention and agreed return or handover duties remain unaffected.
12. Availability, maintenance and force majeure
Unless a service-level agreement applies, we do not owe a specific percentage availability. Where possible, planned maintenance is performed outside typical peak usage and material restrictions are announced with reasonable notice.
For the duration of events outside our reasonable control, including public network failures, third-party interface disruption, utility outages, natural events, industrial action or government measures, our performance obligation is suspended. We take reasonable steps to limit the impact.
13. Rights in software and deliverables
Pharen and its licensors retain all rights in the platform, software, templates, methods, trade marks and pre-existing components. The customer receives a non-exclusive, non-transferable and non-sublicensable right to use them within the agreed scope during the contract term.
Rights in custom deliverables are defined in the offer. If no specific rule applies, after full payment the customer receives the non-exclusive usage rights required for the business purpose identifiable when the contract was formed; pre-existing tools and generally applicable know-how remain with Pharen.
14. Privacy and confidentiality
Our Privacy Policy explains how we process personal data. Where Pharen processes customer data as a processor, the data processing agreement and the customer's documented instructions apply in addition.
Both parties keep the other party's non-public business, technical and organisational information confidential and use it only for the contract. Statutory disclosure duties remain unaffected.
15. Defects and support
The customer reports reproducible defects with a meaningful description. We remedy material defects within a reasonable period. At our option, remediation may consist of a correction, workaround or provision of an equivalent feature where reasonable.
Claims do not apply to the extent a defect results from unapproved changes, unsuitable customer infrastructure, incorrect operation or a third-party service for which Pharen is not responsible.
16. Liability
We have unlimited liability for intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act, under an expressly assumed guarantee and where a defect was fraudulently concealed.
For a slightly negligent breach of a material contractual duty, liability is limited to the damage typically foreseeable at contract formation. Material duties are those whose performance makes proper contract execution possible and on which the customer may regularly rely. Liability for other slight negligence is excluded.
For data loss caused by slight negligence, liability is limited to the typical restoration expense that would have arisen with proper backups appropriate to the risk. These limits apply correspondingly to our officers, employees and agents.
17. Changes, law and jurisdiction
Changes to these Terms apply to future contracts or are proposed for ongoing contracts in text form with reasonable notice. Silence constitutes acceptance only where legally permitted, we expressly explain its effect and the change does not unreasonably disadvantage the customer.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Leipzig is the exclusive venue for merchants, public-law entities and special funds under public law. Mandatory statutory venues remain unaffected.