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TERMS OF SERVICE

Last updated: May 4, 2026

These Terms of Service (“Terms”) govern access to and use of the eyva platform and related services provided by datazeit GmbH, Lindenstraße 32, 50674 Cologne, Germany (“datazeit”, “we”, “us” or “Provider”).

These Terms are intended for business customers. If datazeit and a customer have entered into a separate written or electronically signed agreement, order form, data processing agreement or other individual agreement, that separate agreement prevails in the event of a conflict.

1. Scope

  1. eyva is provided as software-as-a-service via the internet. Customers may access the platform through a standard browser.
  2. The exact scope of the services, features, number of authorised users, fees, contract term and any additional services are set out in the applicable order form, offer, contract, statement of work or other commercial agreement.
  3. Services that are not expressly included in the applicable agreement are not owed by datazeit.
  4. These Terms also apply to patches, updates, upgrades and other changes to the platform, unless otherwise agreed.

2. Platform and Services

  1. eyva connects customer, market and product data for portfolio management, product development, marketing and research workflows.
  2. Depending on the agreed scope, platform features may include Consumer Insights, Market Insights, Product Insights, Product Catalogue, Ingredient Insights, Review Insights, AI Reporting, AI Data Snippets, Collaboration Hub, Magazines and related reporting or analytics functionality.
  3. datazeit may further develop, modify or replace platform features, provided that the contractual value and agreed core functionality are not materially reduced.

3. Accounts and Authorised Users

  1. Access to the platform is limited to the customer’s authorised users. The number of authorised users may be limited by the applicable agreement.
  2. The customer is responsible for setting up, managing and protecting access credentials. Access credentials may only be disclosed to authorised users for the customer’s internal business purposes.
  3. The customer must ensure that authorised users keep access credentials confidential and use the platform only within the permitted scope.
  4. Any use of the platform through the customer’s access credentials is deemed to be use by the customer, unless the customer is not responsible for the unauthorised use.
  5. The customer must inform datazeit without undue delay if it becomes aware of unauthorised access to access credentials or the platform, and must change affected credentials or have them changed.
  6. If factual indications suggest misuse, unauthorised access or use in breach of these Terms, datazeit may block or replace affected credentials while taking appropriate account of the customer’s legitimate interests.

4. Rights of Use

  1. For the agreed term, datazeit grants the customer a non-exclusive, non-transferable and non-sublicensable right to access and use the platform for the customer’s own business purposes.
  2. The customer may use reports, graphics, statistics, figures and other outputs generated through the platform for its own business purposes, including in concepts, presentations and similar materials. If such outputs are shared with third parties, the customer must make clear that the data originates from the eyva platform where this is appropriate and not misleading.
  3. All rights in and to the platform, software, underlying technology, databases, designs, methods, know-how, trademarks and other intellectual property remain with datazeit or its licensors.

5. Restrictions

The customer must not, and must ensure that authorised users do not:

  1. reproduce, distribute or make publicly available the platform or parts of it, except as necessary for contractual use;
  2. remove, obscure or alter copyright notices, trademarks or similar information;
  3. grant unauthorised third parties access to the platform or tolerate such access;
  4. copy, download, extract, disclose or reverse engineer software used in or underlying the platform, except where mandatory law permits otherwise;
  5. access the platform other than through authorised access credentials and interfaces;
  6. use the platform for unlawful activities or to promote or condone unlawful activities;
  7. upload, process or transmit content that infringes third-party rights, violates law or contains viruses, malware, worms, spyware or similar harmful components;
  8. disrupt, damage, overload or impair the platform or its use by other customers.

6. Customer Responsibilities

  1. The customer is responsible for its data, inputs, instructions, use cases and use of platform outputs.
  2. The customer must comply with all laws and regulatory requirements applicable to its use of the platform.
  3. The customer must ensure that customer data and its processing through the platform do not infringe third-party rights and do not violate applicable law.
  4. The customer must appoint an appropriate contact person for operational and contractual matters if requested by datazeit.
  5. Additional cooperation duties, product feedback calls, case studies, webinars, reference calls or similar marketing activities apply only if separately agreed.

7. Customer Data, Usage Data and Outputs

  1. As between the parties, the customer retains all rights in customer data submitted to, uploaded to or processed through the platform.
  2. The customer grants datazeit the limited right to host, process, transmit, display and otherwise use customer data solely as necessary to provide, operate, maintain, secure and support the platform and to perform the applicable agreement.
  3. datazeit may collect and use technical, diagnostic, usage and performance information relating to the platform to operate, secure, analyse and improve the platform and related services. datazeit will not disclose customer data or confidential information in a form that identifies the customer, unless permitted by the applicable agreement or required by law.
  4. Reports, AI-generated summaries, recommendations, analytics, statistics and other platform outputs are generated from available data sources and customer inputs. The customer is responsible for reviewing outputs before relying on them or sharing them with third parties.
  5. Data retention, deletion, export and return of customer data are governed by the applicable agreement, the data processing agreement where applicable, and mandatory law.

8. Security

  1. datazeit will maintain appropriate technical and organisational measures designed to protect the security, confidentiality, integrity and availability of customer data processed through the platform.
  2. Where datazeit processes personal data on behalf of the customer, security measures, subprocessors, incident notification and audit or information rights are governed by the applicable data processing agreement.
  3. The customer is responsible for maintaining secure devices, browsers, networks and account practices on its side.

9. Third-Party Services and Data Sources

  1. The platform may interoperate with or use data from third-party services, data providers, websites, marketplaces, social platforms, search providers or infrastructure providers.
  2. datazeit is not responsible for third-party services, data sources, changes to their availability, or restrictions imposed by third-party terms, APIs or technical systems, except to the extent expressly agreed.
  3. The customer must ensure that its use of third-party data or connected services through the platform is lawful and permitted for its intended purposes.

10. Availability and Maintenance

  1. datazeit endeavours to provide reliable platform availability. Continuous, uninterrupted availability is not warranted unless expressly agreed.
  2. Restrictions or impairments may arise from circumstances outside datazeit’s sphere of influence, including actions of third parties, internet or network disruptions, force majeure, and the customer’s hardware, software or technical infrastructure.
  3. datazeit may interrupt access to the platform where necessary for security, integrity, maintenance, updates or operational reasons.
  4. For planned maintenance that is expected to materially restrict use during regular operating hours, datazeit will endeavour to inform affected customers in advance.

11. Fees and Payment

  1. Fees, billing periods, due dates and payment terms are set out in the applicable agreement or invoice.
  2. Unless otherwise stated, all prices are net prices and subject to applicable statutory value added tax.
  3. Invoices are payable in euros to the bank account specified in the invoice, unless otherwise agreed.
  4. If the customer fails to make due payments, datazeit may exercise statutory rights and may suspend access to the platform where legally permitted and appropriate after notice.

12. Term and Termination

  1. The term, renewal periods and ordinary termination rights are set out in the applicable agreement.
  2. The right of either party to terminate for good cause remains unaffected.
  3. Good cause for datazeit may include, in particular, a customer’s failure to meet payment obligations after reminder or granting unauthorised third parties access to the platform.
  4. Upon termination, the customer’s right to access and use the platform ends.
  5. Upon request, datazeit may support the customer in exporting customer data from the platform. Unless otherwise agreed or required by law, such support may be subject to a separate fee.

13. Confidentiality

  1. “Confidential Information” means competitively sensitive know-how, information marked as confidential, information that is objectively identifiable as confidential, trade secrets, customer data and the terms and contents of contractual agreements.
  2. Each party must keep the other party’s Confidential Information confidential, use it only for the performance of the contractual relationship, and protect it against unauthorised access by appropriate measures.
  3. Confidential Information may be disclosed only to employees, contractors or advisers who need to know it for the contractual relationship and are bound by appropriate confidentiality obligations.
  4. Confidentiality obligations do not apply to information that was lawfully received from a third party, is or becomes generally known without breach, was already known without confidentiality obligation, or was independently developed.
  5. A party may disclose Confidential Information where required by law or authority, provided that it informs the other party where legally permissible.
  6. Confidentiality obligations continue after termination for as long as the information remains confidential.

14. Data Protection

  1. The processing of personal data in connection with the website is described in the Privacy Policy.
  2. Where datazeit processes personal data on behalf of the customer as a processor, the parties will enter into a data processing agreement pursuant to Art. 28 GDPR.
  3. The customer is responsible for the lawfulness of customer data, instructions and processing activities under applicable data protection law.

15. Third-Party Rights

  1. If a third party asserts claims against the customer alleging that contractual use of the platform infringes third-party rights, the customer must inform datazeit without undue delay.
  2. datazeit will provide reasonable support and relevant information for the defence of such claims. Any statutory or contractual remedies for defects of title remain unaffected.

16. Warranty and Defects

  1. datazeit warrants that the platform will be provided in accordance with the applicable agreement and without material defects or defects of title.
  2. The customer must notify datazeit of defects without undue delay after becoming aware of them.
  3. datazeit may remedy defects within a reasonable period, including by workaround, patch, update or modification of the platform.
  4. To the extent legally permitted, strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a paragraph 1, first alternative, of the German Civil Code (BGB) is excluded.

17. Liability

  1. datazeit is liable without limitation for intent, gross negligence and culpable injury to life, limb or health.
  2. In the event of slight negligence, datazeit is liable only for breach of material contractual obligations. In such cases, liability is limited to foreseeable damage typical for the contract.
  3. The above limitations do not apply to liability under the German Product Liability Act or to guarantees expressly assumed in writing.
  4. The limitations of liability also apply in favour of datazeit’s employees, representatives, organs and vicarious agents.

18. Changes to These Terms

  1. datazeit may update these Terms from time to time, for example to reflect changes to the platform, legal requirements or business processes.
  2. Changes do not affect individual agreements unless the parties agree otherwise.
  3. For active contractual relationships, material changes will be communicated in a reasonable manner where required.

19. Governing Law and Jurisdiction

  1. These Terms and all claims arising from or in connection with them are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  2. Where legally permissible, the exclusive place of jurisdiction is Cologne, Germany.
  3. If individual provisions are invalid or unenforceable, the validity of the remaining provisions remains unaffected.

20. Contact

datazeit GmbH

Lindenstraße 32

50674 Cologne

Germany

Email: hello@eyva.ai