General Terms and Conditions

§ 1 Provider, scope and definitions

These General Terms and Conditions ('Terms') apply to contracts for the use of Kasp between Anel Alicic, trading as KASP, Brigitte-Frauendorfstr. 6, 60486 Frankfurt am Main, Germany (hereinafter 'Kasp'), and the person or organisation using the service (hereinafter 'user'). A consumer is a person who concludes the contract predominantly for private purposes; a business customer is a person acting in the course of their commercial or self-employed professional activity when concluding the contract.

A business customer's conflicting terms and conditions apply only if Kasp has expressly agreed to them. These Terms do not restrict mandatory consumer rights.

§ 2 Conclusion of contract, contract text and language

The presentation of plans and functions is an invitation to make an offer. For a paid plan, the user submits their binding offer through the appropriately labelled payment button in Stripe Checkout. The contract is concluded upon electronic confirmation or activation of the plan.

Immediately before the order, the service scope, total price, billing period, minimum term and cancellation conditions are displayed in particular. The order confirmation and the terms applicable at contract conclusion are transmitted electronically. The contract language is German; Kasp may additionally provide English translations. In the event of contradictions, the German version prevails to the extent permitted by law.

§ 3 Subject matter and intended purpose

Kasp is an AI-supported digital service for research, structuring, task-based occupational analyses, organisational and system analyses in Orbit, scenarios, learning and transformation planning, and the creation of chat responses, documents and other artifacts. The specific scope is determined by the subscribed plan and the current product description.

Kasp provides information and decision support. Results are probabilistic, modelled assessments and may be incomplete, outdated or incorrect. Kasp does not guarantee particular career, economic or other outcomes, or the development of an occupation, company or job. The service does not replace career, HR, legal, tax, medical or financial advice.

The approved intended purpose does not include decisions on hiring, selection, promotion, dismissal, performance monitoring, allocation of tasks to individuals, or ranking of identified or identifiable applicants or employees. Individual decisions or recommendations concerning admission to or assessment in education, creditworthiness, insurance risk or pricing, public benefits, migration, law enforcement, justice, biometric identification or categorisation, and emotion recognition are also excluded. General, aggregated and non-personal analyses remain within the intended purpose. Details are available under AI transparency.

§ 4 Registration, account and security

Protected functions require an account with a reachable email address. Users must be at least 18 years old or have valid legal capacity in the relevant state. Anyone using Kasp for an organisation confirms that they are authorised to do so.

Access credentials and sessions must be protected against unauthorised access. Users must inform Kasp without delay of suspected misuse. Accounts must not be transferred, jointly resold or used to circumvent plan and security limits without Kasp's consent.

§ 5 Inputs, files and work results

Users retain their rights in their own inputs, files and content. For the duration of the contract, they grant Kasp the technically necessary, geographically unrestricted and non-exclusive rights to store, reproduce, transmit and process that content insofar as necessary to provide, secure, analyse errors in and perform the commissioned service.

Users may submit only content that they may lawfully use and have processed by the appointed technical service providers. They should not enter special categories of personal data, professional secrets, trade secrets or personal employee data unless there is a documented legal basis, authorisation and the necessary safeguards.

Where Kasp itself creates a work result and transferable rights arise in it, upon full payment the user receives a non-exclusive right, unlimited in time and territory, to use the result for their own lawful purposes. Rights in third-party sources, models, software, databases, trademarks and content remain unaffected. No assurance is given that purely AI-generated content qualifies for legal protection.

§ 6 Permitted use

Kasp may be used only lawfully and in accordance with its intended purpose. In particular, illegal content, security attacks, malware, deception, identity misuse, infringements of third-party rights, circumvention of technical limits, unauthorised automated extraction, and use for prohibited or unapproved AI applications are prohibited.

The binding details are set out in the Acceptable Use Policy. In the event of a conflict between the Acceptable Use Policy and these Terms, these Terms prevail.

§ 7 Plans, prices, billing and credits

Kasp may offer free and paid plans. The functions, usage limits, total prices and billing periods displayed at contract conclusion are decisive. Consumer prices include statutory VAT where applicable. Additional costs are charged only if transparently disclosed and agreed before the order.

Monthly billed subscriptions run for an indefinite term and may be cancelled at any time with effect at the end of the current monthly period. An annually billed consumer plan has a fixed initial term of twelve months and then ends, unless an indefinite continuation permissible for consumers with a notice period of no more than one month is expressly agreed in checkout. Automatic renewal for another full year is not agreed with consumers.

Plan-specific allowances or credits are solely for use of the described Kasp functions, have no monetary value and are non-transferable. They may reset at the end of the respective billing period if this is stated in the pricing overview. Kasp units are fixed product weights for types of operations performed, not a measurement of tokens, computing time, balances with external AI services or actual computing costs. Reservation, charging and release follow the valid unit overview displayed at the start. Statutory refund and warranty claims remain unaffected.

§ 8 Payments and invoices

Payments are processed through Stripe. Charges are made under the conditions specified in checkout. Users must provide valid billing and payment details. If payment fails, Kasp may temporarily suspend paid functions after notice and a reasonable additional period; statutory rights of retention and termination remain unaffected.

§ 9 Consumers' right of withdrawal

Consumers generally have a statutory fourteen-day right of withdrawal for distance contracts. The conditions, period, procedure and model withdrawal form are set out in the Withdrawal Instructions. Withdrawal can be declared electronically there using the 'Withdraw from contract' button.

If a consumer expressly requests that Kasp begin providing the service before the withdrawal period expires, a subsequent withdrawal may require reasonable compensation for the services contractually provided up to that point, provided the statutory conditions and information obligations are met. For a service, the right of withdrawal expires only after full performance and only if the further statutory conditions are met.

§ 10 Conformity, updates and remedies for defects

The statutory provisions on digital products apply to consumers, including subjective and objective requirements, integration, updates, cure, price reduction, termination of contract and damages. These rights are not excluded by references to preliminary functions, artificial intelligence or third-party providers.

A factual error in an AI output is not automatically a technical defect in the service. The agreed service scope, stated intended purpose, disclosed limits and statutory requirements in the individual case are decisive.

§ 11 Availability, maintenance and changes to the service

Kasp owes provision of the service within the agreed scope, but not uninterrupted availability unless a specific service agreement exists. Short-term restrictions may arise in particular from maintenance, security measures, disruptions affecting hosting, payment, research or AI providers, and events beyond reasonable control. Significant planned maintenance will be announced where possible.

Kasp may develop functions further for valid reasons, in particular security, legal compliance, interoperability, adaptation to technical developments or prevention of misuse. Changes are made at no additional cost. If a change impairs a consumer's access to or use of a digital product to more than a minor extent, Kasp will provide clear and timely information on a durable medium and grant the statutory rights, including a possible right to terminate the contract.

§ 12 Human review and responsibility

Users must have important statements, sources, calculations and recommendations reviewed by a competent person before making a decision. Visible AI notices, source references, uncertainties and machine-readable provenance features must not be misleadingly removed or altered when results are passed on.

Kasp does not make legally binding decisions for users. Anyone using Kasp results in a professional or organisational context remains responsible for the legal basis, fairness, human oversight, informing affected persons and the specific decision. However, expert human review does not extend the approved intended purpose: Kasp must not be used to make, prepare or recommend decisions about individuals in the areas excluded under § 3.

§ 13 Suspension, cancellation and end of contract

Users can cancel subscriptions through the customer portal or the permanently accessible 'Cancel contracts here'page. The right to extraordinary termination for good cause remains. Closure and deletion of an account can be requested in account settings. Receipt of the request is not yet confirmation of deletion. Before implementation, active contracts, statutory retention obligations and linked organisational data are reviewed in particular; completion is confirmed separately.

Kasp may temporarily suspend or terminate an account following an appropriate assessment in the event of a significant or repeated breach of these Terms or the Acceptable Use Policy. Where reasonable, the user will first receive notice and an opportunity to remedy the breach. Immediate action may be necessary in the event of acute security risks, unlawful use, fraud or a mandatory official request.

After the contract ends, users may request their own non-personal content free of charge and in a commonly used, machine-readable format to the extent required by law. Where provided by law, exceptions apply to content that has no utility outside Kasp, relates solely to use, or has been aggregated with other data and cannot be separated, or can only be separated with disproportionate effort. Content created jointly with others is not excluded from the right to receive it solely for that reason (Section 327p(3) BGB). It will be provided without obstruction within a reasonable period. Personal data are governed by the Privacy Policy and the GDPR.

§ 14 Liability

Kasp is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act, within the scope of an expressly assumed guarantee, and in all cases where the law does not permit limitation.

For a slightly negligent breach of an essential contractual obligation, liability is limited to the damage typical of the contract and foreseeable at its conclusion. Essential contractual obligations are obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely. Otherwise, liability for slight negligence is excluded. Mandatory statutory claims, in particular consumer rights concerning digital products, remain unaffected.

§ 15 Changes to these Terms

Changes apply only for the future. Purely editorial changes or adaptations required by mandatory law that do not alter the contractual balance to the user's detriment may be communicated with reasonable advance notice. For materially adverse changes to an ongoing consumer contract, Kasp obtains express consent; offering a cancellation option does not replace that consent. Silence does not constitute consent. Statutory powers to make changes and the consumer rights described in Section 11 remain unaffected.

§ 16 Applicable law, jurisdiction and dispute resolution

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they habitually reside. Exclusive jurisdiction in Frankfurt am Main is agreed only with merchants, legal entities under public law, special funds under public law, or in other cases permitted by law.

Kasp is neither willing nor obliged to participate in proceedings before a consumer arbitration body, unless a mandatory statutory obligation exists in the individual case. Complaints can be addressed to kontakt@kasp.ai.