EULA

Mindfuel End-User License Agreement (EULA) – 90 day free version

Last updated: 31.10.2025

General Terms and Conditions

SaaS

Provider: Mindfuel offers a web-based data product management software (hereinafter "Software") for data-driven digital products on the website "app.mindfuel.ai" (hereinafter "Website"). Mindfuel provides its services through its respective national companies Mindfuel GmbH Munich (Germany), Mindfuel Austria GmbH (Austria), and Mindfuel AG (Switzerland). The manufacturer of the Software and contractual partner for this agreement is Mindfuel AG (Switzerland) (“Mindfuel”).

The following general terms and conditions (hereinafter"GTC") apply to the usage of the 90 day free version of Mindfuel´s Software (hereinafter "Contract"). These GTC exclusively apply to this Contract. Deviating, conflicting, or supplementary GTC shall only become part of the Contract to the extent that Mindfuel has expressly agreed to them in writing.

Formation of Contracts

The use of Mindfuel's Software requires the creation of a customer account (hereinafter "Account"). The data marked as required must be provided and a password must be chosen for the creation of the Account.

Services / Version Changes

During the term of the Contract, Mindfuel grants the customer access to and use of the Software as SaaS via the Website within the rights described below. Further services, in particular consulting services (e.g., (remote) assistance with the initial creation of an Account, technical setup of processes, insertion of technical content, and technical support of teams for empowerment), are not part of the Contract for the free use of the Software. Such additional services are provided by Mindfuel under a separate contract.

The functionalities available to the customer may only be used to an appropriate extent (Fair Use), in particular to ensure the functionality of the systems and the economic viability of the provision for all customers. Inappropriate use, for example, occurs if additional teams within a workspace are depicted or access to the Software is shared (Shared Account), or if the functionality is not used as intended. Mindfuel reserves the right to partially or completely restrict the customer's use of the Software in the event of a violation of this Fair Use principle after prior notice thereof.

Mindfuel is continuously striving to expand and optimize the Software. In order to allow its customers to participate in this, a version change may be required from time to time. In the course of version changes, the essential functionalities are maintained. The customer agrees to these version changes.

Availability and Response Time in the Event of Disruptions

Mindfuel provides the Software using cloud servers. Mindfuel does not give any guarantee, commitment, or service level regarding uptime, availability, performance, response times, or resolution times for the free version of its software. Planned or unplanned maintenance and repairs (including after disruptions) may temporarily interrupt availability. Mindfuel may, at its discretion, provide temporary workarounds and rectify the actual cause later by adjusting the software.

The Software is provided “as is” and “as available”. Mindfuel makes no warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Software will be uninterrupted or error-free, to the maximum extent permitted by applicable law.

Customer Obligations

The customer is required to protect his identification and authentication data as well as access data relevant for the software from access by unauthorized persons within and outside the company and to exclude the use of the software access as a "Shared Account."

The customer hereby commits to using Mindfuel's software only in accordance with its intended purpose and contractual agreements as well as within the framework of applicable legal provisions and not to infringe any third-party rights during use. The customer will immediately inform Mindfuel about: (i) any misuse of the software; (ii) any risk to the compliance with data protection or data security that occurs or may occur in the course of providing the contracted services; (iii) any threat to the software provided by Mindfuel e.g., due to the loss of access data or a hacker attack. The aforementioned obligation also applies if there is a concrete suspicion.

The customer is responsible for ensuring the technical requirements for the use of the software. This includes a reliable internet connection with sufficient bandwidth and latency. Furthermore, the customer must ensure the security of his internet connection, particularly the use of Virtual Private Networks (VPN) if the software is exceptionally used in a public network instead of the company's own network.

For optimal use of the software, Mindfuel recommends the latest version of common browsers (e.g., Google Chrome or Mozilla Firefox). Additionally, the settings of the respective browser must allow the use of cookies. If these technical requirements are not met by the customer, there may be restrictions on the usability of the software for which Mindfuel is not responsible.

The customer ensures that IT security measures corresponding to the current state of technology are applied within his organization, such as maintaining and regularly updating risk-appropriate antivirus software and an updating firewall, automatic inactivity locks of end devices, and the use of secure passwords for the Mindfuel account as specified by the software.

The customer is solely responsible for the content entered and the data created with the software.

The customer is responsible for setting up and administrating the account in terms of expertise within the framework of SaaS contracts. This applies regardless of whether Mindfuel supports the customer in setting up the account in whatever form. This includes in particular: (i) the professional setup of the account, configuration of processes and products; (ii) the verification of the correct function of the integration based on test cases (e.g., concerning the text length of free text fields) before productive use; (iii) the technical connection of interfaces on the customer's side according to the specification for incoming and outgoing data, including the input of Application Programming Interface (API) keys and the activation of interfaces in the third-party system; (iv) the administration of the account, in particular the creation of users, roles, and assigning access to the account.

The customer shall indemnify, defend and hold harmless Mindfuel, its affiliates and their personnel from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Customer content or data (including Customer Personal Data) and the customer’s processing instructions; (ii) the customer’s use of the Software in violation of this EULA or applicable law; or (iii) any dispute between the customer and its users or third parties, provided that Mindfuel promptly notifies the customer of the claim and reasonably cooperates at the customer’s expense. Mindfuel retains the right to participate in the defense with counsel of its choosing.

Granting of Rights

Mindfuel grants the customer a simple, non-exclusive, non-transferable right limited to the term of the contract to use the software within the scope of the commissioned version. The customer acknowledges that the use of the software is limited – depending on the version – to a certain number of instances or teams, and any use beyond this limit is unauthorized.

The customer is obligated to use the software solely in accordance with the terms of the agreement and for its intended purpose and to only make the software available to third parties if they are designated as authorized users under the terms of this agreement.

Prices, Payment Methods, and Payment Terms

The Software is provided free of charge for a fixed 90-day term. No invoices are issued and no payments are due for this term.

Duration and Termination

The duration of the contract is fixed at 90 days from the day the account is activated and does not renew.

The right of both parties to terminate the contract for a significant reason remains unaffected.

Any termination must be made in writing.

At the end of the contract, the customer's account may be automatically locked but ideas are stored in your company´s Mindfuel environment and remain accessible for users until further notice. Subsequent data export cannot always be guaranteed or may lead to significantly increased effort, which Mindfuel will pass on as a charge.

Limitation of Liability / Force Majeure

Mindfuel is liable for damages - for any legal reason - only in cases of intent and gross negligence.. Fundamental contractual obligations are those the fulfillment of which enables the proper execution of the contract and upon which the contracting party regularly relies. In particular, indirect damages are not compensated.

For services provided free of charge (e.g., within a trial period), Mindfuel is liable only for damages that are based on intent, gross negligence, or fraud.

The aforementioned limitations of liability do not apply to damages caused by culpable injury to life, body, or health, or for liability under the Product Liability Act.

If Mindfuel is prevented from fulfilling its contractual obligations, in particular from providing the software, due to force majeure, Mindfuel shall be released from its obligations for the duration of the impediment plus a reasonable start-up period without being obliged to pay damages to the customer. The same applies if the fulfillment of Mindfuel's obligations is unreasonably impeded or temporarily impossible due to unforeseeable events beyond Mindfuel's control, such as labor disputes, government actions, energy shortages, disruptions at one of our cloud partners, or significant operational disruptions. Mindfuel is entitled to withdraw from the contract if such an impediment lasts more than three months and the fulfillment of the contract is no longer of interest to the parties due to the impediment.

Data Protection and Confidentiality

Mindfuel collects and uses the customer's personal data only within the scope of the applicable data protection regulations. The contracting parties enter into a data processing agreement to this effect.

The parties will, if not already done, obligate all employees used in the execution of the contract in writing to comply with the data protection provisions.

Neither party is authorized to disclose the other party's confidential information to third parties without explicit consent (at least in written form). This applies to customers with contracts for both free and paid use. All information, whether recorded in writing or transmitted orally, that (i) are considered confidential or in need of secrecy by the nature of the matter; (ii) the contracting party to whom the information is transmitted must recognize as confidential or in need of secrecy based on the external circumstances of the transmission; or (iii) are marked as "confidential" or "in need of secrecy" are considered "Confidential Information" within the meaning of these Terms and Conditions. Confidential Information particularly includes technical specifications and prices. Both parties commit to using Confidential Information only for the contractually agreed purposes and to disclose it only to those individuals who must know it in the context of the contractual relationship or its preparation and who have been obligated in writing to secrecy. Both parties will take at least the same precautions they take to protect their own Confidential Information from being passed on to third parties.

Excluded from the aforementioned obligation are such information that (i) were already known to the other party prior to transmission and without an existing confidentiality agreement; (ii) are transmitted by a third party not subject to a comparable confidentiality agreement; (iii) are otherwise publicly known; (iv) were developed independently and without the use of Confidential Information; (v) are released in writing for publication; or (vi) must be transmitted due to a court or official order, provided that the party affected by the transmission is informed in time to initiate legal protection measures.

The parties will inform each other in writing if there is any misuse or disclosure of Confidential Information.

Reservation of Rights to Make Changes

Mindfuel reserves the right to amend these Terms and Conditions at any time in a reasonable manner or to supplement them with provisions for the use of any newly introduced additional services or features of the software. The customer will be notified of the changes and additions to the Terms and Conditions at least four weeks before the planned date of their coming into effect by email to the email address provided by the customer (contact person). The customer's consent to the changes in the Terms and Conditions is deemed to have been given if the customer does not express their rejection before the changes take effect. Mindfuel undertakes to specifically point out in the notice of change the possibility of objection, the deadline for objection, the requirement for written form, and the significance or consequences of failing to object.

The software is continuously developed to implement new functions, close security gaps in the software, comply with changed legal requirements, or to optimize the software overall. As part of the software development, some functions may be changed or discontinued, provided that this does not jeopardize the customer's achievement of the contractual purpose and the equivalence ratio is maintained. Mindfuel will inform the customer about these changes in writing as part of version updates.

Mindfuel is entitled to adjust the prices for the paid contractual services to compensate for personnel and other cost increases (such as price increases of cloud providers, increased value of the software through integrations and features, inflation, etc.) to a reasonable extent. This does not apply to use of the 90 day free version as described in this document.

Changes to these Terms and Conditions must be made in writing. This also applies to the waiver of the written form requirement itself.

Final Provisions

For any communication within the framework of the contractual relationship, written form is sufficient. If the customer provides an email address for this purpose, they agree to communicate via this means and will ensure that incoming emails are read promptly. Any changes to the email address must be communicated to Mindfuel well in advance.

The customer's rights under this contract cannot generally be transferred to third parties.

All claims arising from this contract are subject to a limitation period of 12 months. The period begins with the creation of the claim, but not before the party entitled to the claim becomes aware of the facts justifying the claim.

Offsetting against payment claims from Mindfuel is only possible with claims recognized in writing by Mindfuel or determined by a court.

To the extent that Mindfuel provides services outside of this software contract, these General Terms and Conditions are only applicable insofar as there are no specific Terms and Conditions for these services and this does not contradict the legal character of the respective services. For all services related to the provision of the software, these General Terms and Conditions shall take precedence.

The contractual relationship between the contracting parties shall be governed exclusively by the laws of Switzerland, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive venue for all disputes arising from or in connection with this contractual relationship between Mindfuel and the customer is the business location of Mindfuel.

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