Terms of Use 




LEX AI General Terms and Conditions (GTC)
valid for all contract conclusions as of 27 February 2023

1. Subject matter and validity of the GTC
 

1. The company LEX AI GmbH, Winterhuder Weg 29, 22085 Hamburg
   Managing directors authorized to represent: Maik Neubauer
   Email address: members@lexai.co
   Registered in the Commercial Register at the Hamburg District Court under Commercial Register No.: HRB 169266 USt-IdNr: DE344178544 (hereinafter referred to as “LEX AI”) operates an AI-based publication and research platform (hereinafter referred to as the "Platform") to optimize legal monitoring and knowledge management. The user (m/f/d; hereinafter referred to as "user") gains access to the platform via a mobile app available on Apple and Android smartphones and tablets. The mobile app provides legal/regulatory news from European and national sources such as legislators, courts, authorities, institutions and associations, as well as legal texts and their summaries and briefings, so that the essential statements and content are conveyed in a structured, concise manner in an innovative legal design.

2. The use of the apps or the platform is based on the following General Terms and Conditions ("GTC") in the version valid at the time of registration or order. LEX AI does not recognise any deviating general terms and conditions of you, unless LEX AI expressly agrees to their validity in writing.

3. No separate contract text is provided for the contract on the use of the platform. The content of the contract concluded between the user and LEX AI results from these GTC as well as the specific information provided during registration (see section 3) and when ordering a paid subscription (section 4), which are stored by LEX AI and can be accessed in the user account at any time.

4. By registering, taking out a paid subscription, the user accepts the validity and applicability of these GTC.
    

2. Services and rights of LEX AI
 

1. LEX AI provides the user with a newsfeed containing current legal/regulatory news from European as well as national sources, e.g. legislators, courts, authorities, institutions and associations, including the indication of the original source (hereinafter "newsfeed").

2. LEX AI provides the user with the original texts as well as the key messages of legislative and non-legislative acts in the form of AI-generated and manually quality-assured summaries or briefings, which enable the user to grasp their essential content in a short period of time. In addition, the corresponding original texts are made available to the users (hereinafter "content") - insofar as these can be made available on the platform.

3. The scope of the app contents and the possibilities of use (the "license") depend on the type of license chosen by the users. A distinction is made between a free trial subscription (see section 4.) and a paid subscription (see section 5.). The license is limited in time to the term of the free trial subscription or the paid subscription.

4. The rights to the LEX AI service and the content distributed via it are and remain with LEX AI and/or the licensors of LEX AI. The LEX AI software applications and content are licensed to the user within the scope of the contractual use. For this purpose, LEX AI grants the user a non-exclusive (simple), time-limited right to use the content of the mobile app and its content.

5. All LEX AI trademarks, as well as their trade names, logos, domain names and other LEX AI trademark specifics, are the sole property of LEX AI. The license does not give the user any right to use LEX AI's trademarks, our trade names, logos, domain names or the other distinctive features of the LEX AI trademark, whether for commercial or non-commercial purposes.
    

3. Registration with LEX AI
 

1. In order to use the services of LEX AI, registration with LEX AI is required. Persons over the age of 18 are entitled to register.

2. The registration itself is free of charge (free account) and does not oblige the user to conclude a paid subscription. By registering, the user enters into a contract with LEX AI for limited, free use of the mobile app.

3. For registration, the user must use his or her e-mail address and a password of his or her own choice. Registration is possible after downloading the apps (for iOS or Android).

4. Any information required for registration must be provided completely and correctly and must always be kept up to date. LEX AI is entitled to store and process the data provided by the user during registration in accordance with the provisions on data protection.

5. The password used must be kept secret. Secrecy is the sole and full responsibility of the user. The LEX AI user account may only be used by the user himself. Any unauthorized use of the user account, as well as any suspicion thereof, must be reported to LEX AI immediately.
    

4. Conclusion of a trial subscription ("Free Trial Phase")
 

1. LEX AI offers new users the use of the subscription access for test purposes for a certain period of time free of charge (so-called "trial subscription "). In the event of good cause, LEX AI may discontinue or change such a free trial subscription at any time without prior notice or notice.

2. Some trial subscriptions are only available to users who provide their payment details when signing up for the trial subscription. In such a case, LEX AI requires the user's consent at the beginning of the trial subscription that the free access will convert to a paid subscription (clause 5.) after the expiry of the trial subscription on the day following the end of the trial subscription. In this case, the subscription is renewed on a recurring basis and can be canceled up to one day before the end of the respective subscription period (clause 8. b)).

3. If the user does not wish to have the subscription access and the associated charge in a case pursuant to item 4. b), he/she must terminate the chargeable subscription access provided before the end of the trial subscription (e.g. via the relevant settings of the app store concerned).
    

5. Conclusion of a paid subscription
 

1. In order for the user to be able to use the services of LEX AI to the full extent, additional service packages are available to the user after registration in the form of paid subscriptions ("subscription accesses"). These can be concluded for various, possibly also changing, terms, which are displayed to the user in the order options.

2. LEX AI currently offers the following paid subscriptions:

   • The LEX AI BASIC service package: entitles you to access the newsfeed.

   • The LEX AI PRO service package: entitles you to access the newsfeed and the entire content.

   Access to the respective services is valid as long as the subscription exists.

3. The user makes a legally binding offer for a paid subscription when he enters the data requested from him in the online order form and selects the button "order subject to payment" at the end of the order process. In doing so, the user makes a legally binding offer to conclude a contract for a paid subscription.

4. The contract is concluded by LEX AI issuing a declaration of acceptance (order confirmation), which is sent to the user by email within a reasonable period of time.

5. The user can conclude the contract for a paid subscription through an in-app purchase via the LEX AI iOS or Android app. To do this, the user must select the desired option on the subscription screen within the app, whereupon a pop-up appears in which the user must enter a password for the third-party app store. As soon as the user has done this, a pop-up appears in which the user has to confirm the purchase of the subscription again. At this point, the user can still cancel the process.
    

The user should then receive a confirmation of receipt from the third-party app store (and not directly from LEX AI). LEX AI will send the user the declaration of acceptance (order confirmation) by separate email. In this case, the text of the contract (consisting of the order, the GTC and the order confirmation) is sent to the user by LEX AI on a durable medium (e-mail) as contract confirmation. From this day on, the respective subscription begins. The text of the contract is stored in compliance with data protection laws. For information on the collection, use and processing of user data, LEX AI refers to its privacy policy.

6. Cancellation policy
 

1. If the user is a consumer (i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity), the user is entitled to a statutory right of withdrawal upon conclusion of a distance contract, which LEX AI informs about below in accordance with the statutory model. In the case of an in-app purchase, the user has a right of withdrawal within the respective app store, e.g. Apple App Store or Google Play Store. A sample cancellation form can be found in section 6. b). -- START OF CANCELLATION POLICY -- Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us LEX AI GmbH, Wintershuder Weg 29, 22085 Hamburg, Germany Email: members@lexai.co of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or email sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, LEX AI will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will the user be charged any fees because of this repayment. If the user has requested that the service should start during the withdrawal period, the user shall pay LEX AI a reasonable amount corresponding to the proportion of the services already provided up to the time LEX AI was informed of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
    

2. LEX AI informs about the model withdrawal form according to the legal regulation as follows: Model withdrawal form (If the user wishes to withdraw from the contract, he can fill in the form below and send it to LEX AI). To: LEX AI GmbH, Wintershuder Weg 29, 22085 Hamburg or members@lexai.co
   – I (*) hereby withdraw from the contract concluded by me (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) – Signature of the consumer(s) (only in the case of notification on paper) - Date (*) Delete as applicable.
    

7. Remuneration and payment modalities, set-off and right of retention
 

1. The conclusion of a subscription for a subscription access (section 5.) is subject to a fee and must be paid from the beginning of the subscription.

2. For this purpose, LEX AI offers the payment methods credit card and, if applicable, other payment methods specified before the start of the ordering process.

3. In the case of access via a code, payment is made via the payment method specified by LEX AI and chosen by the user before the code is purchased.

4. When taking out a subscription via LEX AI's iOS or Android apps, payment is made via the Apple or Google in-app purchase process.

5. Within the framework of a subscription access, the user's payment obligation towards LEX AI is automatically renewed at the end of the respective subscription period if the user does not cancel his paid subscription at least 24 hours before the end of the period (section 8. b)).

6. The user is not entitled to offset against the claims of LEX AI unless his counterclaims have been legally established or are undisputed. The user is also entitled to offset against the claims of LEX AI if he asserts notices of defects or counterclaims from the same contract.

7. A right of retention may only be exercised if the counterclaim arises from the same contract.
    

8. Term and termination
 

1. The free user contract runs for 2 weeks from the time of registration in accordance with section 3. of these terms of use. The free user contract ends automatically after this period without the need for termination.

2. The respective paid subscription for subscription access (see section 5.) runs at least for the term originally selected by the user and is automatically extended if it is not canceled at least 24 hours before expiry of this time. The subscription term shall be extended in accordance with the subscription model used to date.

3. The user may terminate as follows: The user can cancel a paid subscription concluded via the LEX AI iOS or Android app in his iTunes or Google Play settings.

4. Cancellation of subscription access takes effect on the day after the last day of the current subscription period. After renewing a subscription, the user can revert to their previous status. Should the user wish to delete their account completely, the user can do so via the settings of the LEX AI mobile app. All data will then be irrevocably deleted.

5. The right to block and to terminate for good cause remains unaffected by the preceding provisions.
    

9. Gift vouchers and special offers
 

1. If the user is the holder of a LEX AI gift voucher that allows the use of a LEX AI service package (section 5.) for a period of time specified therein, this entitles the user to use the platform during the respective period.

2. In order to redeem the Gift Voucher, the User must register with LEX AI (see section 3.) and then activate the code stated on the Gift Voucher on a page set up for this purpose (currently: https://www.lexai.co/voucher).

3. Gift vouchers and other codes cannot be redeemed for cash and cannot be refunded, exchanged or used to purchase other codes.

4. If a gift voucher or other special offer is used, any further conditions that may apply in connection with the gift voucher or offer (in particular the period of validity) may also apply in addition to these GTC.

5. After expiry of the respective period, the subscription access ends. The contents of LEX AI are then no longer accessible to the user. Should the user wish to continue using the subscription access, he/she can take out a new subscription (section 5.) at any time. If the user wants to delete his account completely, he can do so via the settings of the LEX AI web app (section 8. c)). All data will then be irrevocably deleted.
    

10. Liability
 

1. LEX AI excludes claims for damages by the user. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by LEX AI, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the user may rely.

2. In the event of a breach of essential contractual obligations, LEX AI is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless claims for damages based on injury to life, limb or health are also involved.

3. The restrictions mentioned under section 10. a) and 10. b) also apply to breaches of duty of LEX AI's vicarious agents and legal representatives, if claims are asserted directly against them.
    

11. Amendment of the GTC
 

1. LEX AI reserves the right to change and/or amend the GTC with effect for the future, provided that this is reasonable for the user, taking into account the interests of LEX AI. If the user does not explicitly agree to a change of the GTC, LEX AI will inform the user about any changes and/or amendments of the GTC in due time (at least four weeks before the changed GTC will come into force). For this purpose, LEX AI will send the new version of the GTC to the e-mail address provided by the user during registration. LEX AI will explicitly inform the user about the possibility and deadline of an objection against the validity of the new version of the GTC as well as about the consequences of not objecting.

2. If the user does not object to the validity of the new GTC within four weeks after receipt of the notification pursuant to paragraph a), the new version of the GTC shall be deemed accepted by the user.

3. If the user objects to the application of the new GTC in due time, the contractual relationship will continue under the application of the previous GTC, however, in this case LEX AI is entitled to terminate the free-of-charge usage contract or the paid subscription with effect from the next possible ordinary termination date.
    

12. Out-of-court dispute resolution

For the out-of-court settlement of consumer disputes, the European Union has set up an online dispute resolution platform ("ODR platform"), which can be accessed via the link http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. In accordance with § 36 VSBG (Verbraucherstreitbeilegungsgesetz = Consumer Dispute Resolution Act), LEX AI points out that LEX AI is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions
 

1. Should any provision of these GTC be invalid, the remainder of the contract shall remain valid. The invalid provisions shall be replaced by the statutory provisions, if any.

2. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected by this.

3. In all other cases (i.e. the user is a merchant, a legal entity (under public law] or a special fund under public law or has no general place of jurisdiction in Germany or another EU member state or after transfer of the registered office or place of business to a non-EU country) in which there is no exclusive legal place of jurisdiction, the court at the registered office of LEX AI, i.e. Hamburg, shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship.