Terms & Conditions
General Terms & Conditions (GTCs) of Kordiam AI Systems GmbH for "Skimmr"
§ 1 Scope of Application
(1) The contracting party is Kordiam AI Systems GmbH, Falkenried 74a, 20251 Hamburg, Germany (“Kordiam AI Systems”).
(2) These General Terms & Conditions (GTCs) apply exclusively to business customers within the meaning of section 14 of the German Civil Code (BGB). Use by consumers is expressly excluded.
(3) Any general terms and conditions of the Customer that deviate from, conflict with, or supplement these GTCs shall not become part of the contract, unless Kordiam AI Systems has expressly agreed in writing to their application.
§ 2 Subject Matter of the Contract
(1) Kordiam AI Systems provides “Skimmr”, a digital platform through which Customers may individually configure and use content feeds (“Skimmr Basic”).
(2) Customers may additionally subscribe to a paid service package (“Skimmr Enterprise”), which includes extended functionalities.
(3) Only Customers subscribed to the Enterprise package may further purchase additional paid services, such as customised contractual arrangements
§ 3 Rights and Use Restrictions
(1) The Customer shall be granted a simple, non exclusive, non transferable right to use the content provided by Skimmr within the scope of its own business activities.
(2) The systematic or complete transfer of content feeds, or of substantial parts thereof, to third parties is prohibited.
(3) The systematic or complete disclosure of content feeds or substantial parts thereof to third parties is not permitted. For the purposes of this clause, third parties also include affiliated companies.
(4) By way of exception, the customer is entitled to disclose the content to technical system providers (e.g. CMS, editorial or analytics systems) engaged by the customer, provided that such disclosure is strictly necessary for the processing of the content on behalf of the customer and exclusively for the
customer’s own business purposes. The customer must ensure that such system providers do not use the content for their own purposes or disclose it to any further third parties.
(5) Summaries automatically generated by Skimmr and unedited raw content extracted from source websites may not be systematically reproduced in full or in substantial part in public. Editorial processing, adaptation, and citation of such content within the scope of the Customer’s own journalistic or creative work (e.g. in an article or analysis) is expressly permitted.
(6) The delivered content may be stored only for short-term review and immediate editorial processing. The creation of a permanent database or archive of delivered content, particularly for later analysis, is prohibited. To this end, unprocessed and systematically stored content must be deleted from the Customer’s databases and similar systems no later than three (3) days after delivery. This obligation shall continue even after termination of the contractual relationship.
§ 4 Prices and Payment Terms
(1) Prices are as displayed within the Skimmr system at the time of booking.
(2) Payments shall be made as follows:
• Skimmr Basic: Exclusively by credit card, payable monthly or annually in advance. An annual prepayment entitles the Customer to a 10%
discount.
• Skimmr Enterprise: Payable either by credit card or by invoice. For invoices, a payment term of up to sixty (60) days applies.
(3) Amendments to the feed configuration or bookings of additional services result in the following adjustments:
• Upgrade: Pro rata billing within the current billing period.
• Downgrade: Effective from the subsequent billing period
§ 5 Default of Payment
(1) If the Customer falls into arrears, Kordiam AI Systems shall be entitled to suspend the account thirty (30) days after the due date, subject to at least five (5) days’ prior notice.
(2) In the event of repeated default (at least three occurrences), Kordiam AI Systems shall be entitled to suspend access immediately and without prior notice.
§ 6 Term and Termination
(1) The contract is concluded for an indefinite term.
(2) The Customer may terminate the contract at any time with effect from the end of the current billing period (monthly or annually, as applicable).
(3) Upon termination, the Customer shall have no entitlement to export or transfer content already delivered.
§ 7 Availability and Service Quality
(1) Kordiam AI Systems guarantees a minimum platform availability of 99.0% per calendar month. Excluded from this are announced maintenance windows and downtime caused by circumstances beyond Kordiam AI Systems’ reasonable control (e.g. force majeure, third-party network failures).
(2) Kordiam AI Systems does not warrant the completeness, accuracy, or currency of content sourced from third parties.
(3) The Customer acknowledges that third-party content is summarised and categorised using generative artificial intelligence (Gen AI). Errors typical of Gen AI processing may occur. Kordiam AI Systems does not warrant the accuracy of such processes.
§ 8 Liability
(1) Kordiam AI Systems shall be liable without limitation for wilful misconduct and gross negligence.
(2) In cases of ordinary negligence, liability shall be limited to breaches of essential contractual obligations (“cardinal obligations”). In such cases, liability shall be restricted to the foreseeable damage typical for the contract.
(3) In aggregate, liability shall be capped at the amount of fees paid by the Customer in the current contractual year.
(4) Liability for indirect losses, loss of profit, or consequential damages is excluded.
§ 9 Data Protection and Confidtentiality
(1) Skimmr processes only publicly accessible content.
(2) Personal data of Customers shall be processed in accordance with the General Data Protection Regulation (GDPR).
(3) Both Parties undertake to keep confidential all information disclosed in the course of contractual performance and not to disclose such information to third parties.
(4) Where Kordiam AI Systems processes personal data on behalf of the Customer (e.g. user accounts), the Parties shall enter into a data processing agreement (DPA). Kordiam AI Systems shall provide a free standard DPA, which shall form part of the contract. The use of a Customer-provided DPA constitutes a paid additional service under section 2(3).
§ 10 Amendments to the GTCs
(1) Kordiam AI Systems reserves the right to amend these GTCs where such amendments are reasonable for the Customer. Amendments may be required, in particular, due to changes in law, case law, or significant changes in market conditions.
(2) Kordiam AI Systems shall notify the Customer of the amended GTCs at least six (6) weeks prior to their intended effective date, in text form (e.g. by email). The notice shall include reference to the new provisions and the effective date.
(3) Unless the Customer terminates the contract prior to the effective date, continued use of the service shall constitute acceptance of the amended GTCs. Kordiam AI Systems shall specifically draw attention to this consequence in its notice
§ 11 Final Provisions
(1) These GTCs shall be governed exclusively by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The courts of Hamburg, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with these GTCs.
(3) Should any provision of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected.
Kordiam GmbH, Falkenried 74a, 20251 Hamburg, Germany
German Impressum:
Geschäftsführer: Matthias Kretschmer
Phone: +49 40 88 14 170 - 0
Email: info@kordiam.io
AG Hamburg - HRB 121060
UStID: DE280338545
Inhaltlich Verantwortlicher: Matthias Kretschmer
Datenschutzbeauftragter: dpo@kordiam.io